Digitized by the Internet Archive in 2007 with funding from IVIicrosoft Corporation http://www.archive.org/details/1910educationlaw00newyrich Education Department Bulletin Published fortnightly by the University of the State of New York Entered as second-claM matter June a4. 1908, at the Post Office At Albany, N. Y., und«r the act of July 16, 1894 No. 499 ALBANY, N. Y. July 15, 1911 EDUCATION LAW 1910 AS AMENDED TO JULY 15, 1911 AKD OTHER LAWS RELATING TO SCHOOLS AND EDUCATION Education law 3 Appendix A: Other laws relat- ing to schools 258 Appendix B: Other laws relat- ing to the University 302 Appendix C: Practice of profes- sions 319 Index 389 fJ«Ryv - ^^>-.^ D4r-Agii-5ooo (7-7408) STATE OP NEW YORK EDUCATION DEPARTMENT 191 1 STATE OF KE^ yORX N <^ I 1 EDUCATION DEPARTMENT \ V I i Regents of the University With yean when terms expire 1 913 Whitelaw Reid M.A. LL.D. D.C.L. Chancellor New York 1917 St Clair MgKelway M.A. LL.D.Vice Chancellor Brooklyn 1 919 Daniel Beach Ph.D. LL.D. ----- Watkins 1 914 Pliny T. Sexton LL.B. LL.D. ----- Palmyra 1 91 2 T. Guilford Smith M.A. C.E. LL.D. - - - Buffalo 1915 Albert Vander Veer M.D. M.A. Ph.D. LL.D. Albany 1922 Chester S. Lord M.A. LL.D. ----- New York 1918 William Nottingham M.A. Ph.D. LL.D. ~ - Syracuse 1920 Eugene A. Philbin LL.B. LL.D. - - - - New York 1916 Lucian L. Shedden LL.B. LL.D. - - - - Plattsburg 1921 Francis M. Carpenter ------- Mount Kisco 1923 Abram I. Elkus LL.B. ------- New York Commissioner of Education Andrew S. Draper LL.B. LL.D. Assi&t^n^ ^O'ia£iis '4: ?•'♦ >J{.,|*^SJ^ YplHj: StATE EDUCATION DEPARTMENT Article 18. School moneys (§§ 490-502). 19. Truste for schools ; gospel and school lots (§§ 520^-528) . 20. Teachers and pupils (§§ 550-567). 21. Contract system (§§ 580-586). 22. General industrial schools, trade schools, and school ; of agriculture, mechanic arts and home making (§§ 600-607). 23. Compulsory education (§§ 620-636). 24. School census (§§ 650-654). 25. Text-hooks (§§ 670-673). 26. Physiology and hygiene (§§ 690, 691). * . 27. The flag^(§§ 710-713). 28. Fire drills (§§ 730-733). 29. Arbor day (§§ 750-752). 30. Teachers' institute (§§ 770-775). . 31. Training classes (§§ 790-794). 32. ISTormal schools; state normal college (§§ 810-833). 33. Fines; penalties; forfeitures and costs (§§ 850-862). 34. Appeals or petitions to commissioner of education (§§ 880-882). 35. Orphan schools (§§ 900-902). 36. Schools for colored children (§§ 920-922). 37. Indian schools (§§ 940-954). 38. Instruction of deaf mutes and of the blind (§§ 970- 980). 39. :N'ew York state school for the blind (§§ 990-1012). 40. Cornell university (§§ 1030-1039). 41. State school of agriculture at Saint Lawrence uni- versity (§§ 1050-1053). 42. State school of agriculture at Alfred university (§§ 1070-1072). 42-A. State school of agriculture at Cobleskill (§§ 1075- 1078). 43. State school of agriculture at Morrisville (§§ 1090- 1093). 43-A. Retirement fund for teachers in state institutions (§§ 10'95-1099). 43-B. State teachers' retirement fund for public school teachers (§§ 1100-1109-b). 44. Libraries (§§ 1110-1141). 45. Court libraries (§§ 1160-1180). 46. Laws repealed; saving clause; when to take effect (§§ 1190-1192). EDUCATION LAW 5 Article 44. Libraries (§§ 1110-1141). 45. Court libaries (§§ 1160-1180). 46. Laws repealed; saving clause; when to take effect (§§ 1190-1192). ARTICLE 1 Sliort Title and Definitions Section 1. Short title. 2. Definitions. § 1. Short title. This chapter shall be known as the '' Edu- cation Law." § 2. Definitions. As used in this chapter, the following specified terms mean as here defined. 1. Academy. The term " academy '' means an incorporated institution for instruction in secondary education, and such high schools, academic departments in union schools and similar unin- corporated schools as are admitted by the regents to the university as of academic grades. 2. College. The term " college " includes universities and other institutions for higher education authorized to confer degrees. 3. University. The term '' university " means the university of the state of ISTew York. 4. Regents. The term ^^ regents '' means board of regents of the university of the state of ^ew York. 5. Commissioner. The term " commissioner " means commis- sioner of education. 6. School commissioner. The term " school commissioner " means the local officer provided for in article fourteen. Y. Secondary education. The term ^^ secondary education " means instruction of academic grades, between the elementary grades and the college or university. 8. Higher education. The term " higher education " means education in advance of secondary education, and includes the work of colleges, universities, professional and technical schools, and educational work connected with libraries, museums, uni- versity and educational extension courses and similar agencies. 9. Trustee. The term " trustees,'^ when not used in reference to a school district, includes directors, managers or other similar members of the governing board of an educational institution. 10. Parental relation. The term " persons in parental rela- tion " to a child includes the parents, guardians or other persons, 243680 6 NEW YORK STATE EDUCATION DEPARTMENT whether one or more, lawfully having the care, custody or control of such child. 11. Compulsory school ages. The term " child of compulsory school age '' means any child between seven and sixteen years of age lawfully required to attend upon instruction. 12. School authorities. The term " school authorities " means the trustees, or board of education, or corresponding officers, whether one or more, and by whatever name known, of a city, or school district however created. 13. School officer. The term " school officer '^ means a clerk, collector, or treasurer of any school district; a trustee or member of a board of education or other body in control of the schools by whatever name known in a union free school district or in a city; a superintendent of schools; a truant officer; a school commis- sioner ; or other elective or appointive officer in a school district or city whose duties generally relate to the administration of affairs connected with the public school system. 14. Board of education. The term " board of education " shall include by whatever name known the governing body charged with the general control, management and responsibility of the schools of a union free school district or of a city. ARTICLE 2 Education Department Section 20. Education department. 21. Divisions of department. 22. Assistant commissioners. 23. Other officers and employees. 24. Removals and suspensions. 25. Joint seal. 26. Reports to the legislature. 27. State education building. § 20. Education department. The education depart- ment is hereby continued and shall be under the legislative di- rection of the regents and the executive direction of the commis- sioner of education, who is made, by section ninety-four of this act, the chief executive officer of the state system of education and of the regents. The said department is charged with the general management and supervision of all public schools and all of the educational work of the state, including the operations of the university of the state of [N'ew York. EDUCATION LAW 7 § 21. Divisions of department. By concurrent action of the regents and the commissioner of education the department may be divided into divisions. By like action nev^ divisions may be created and existing divisions may be consolidated or abolished, and the administrative work of the department assigned to the several divisions. § 22. Assistant commissioners. The commissioner of education shall appoint, subject to the approval of the regents, such assistant commissioners as he shall deem necessary for the proper organization and general classification of the work of the department, and assign to such assistant commissioners the work which shall be under their respective supervision. § 23. Other officers and employees. The commissioner of education, subject to the approval of the regents, shall have power, in conformity with their rules, to appoint all other needed officers and employees and fix their titles, duties and salaries. § 24. Removals and suspensions. With the approval of the regents, the commissioner of education may, at his pleasure, remove from office any assistant commissioner, or other appointive officer or employee ; and, when the regents are not in session, the commissioner may, during his pleasure, suspend, without salary, any such officer or employee, but not longer than till the adjourn- ment of the succeeding meeting of the regents. § 25. Joint seal. The regents of the university and the commissioner of education shall together adopt, and may modify at any time, a seal, which shall be used in common as the seal of the education department and of the university; and copies of all records thereof and of all acts, orders, decrees and decisions made by the regents or by the commissioner of education, and of their official papers, and of the drafts or machine copies of any of the foregoing, may be authenticated under the said seal and shall then be evidence equally with and in like manner as the originals. § 26. Reports to the legislature. The commissioner of education shall annually prepare a report of the education depart- ment, including the university, which shall be transmitted to the legislature over the signatures of the chancellor of the university and of the commissioner of education. At their pleasure, the re- gents or tlie commissioner of education may make other reports and communications to the legislature. Such portions of their annual or other reports or communications as the commissioner 8 NEW YORK STATE EDUCATION DEPARTMENT or the regents shall desire for such use shall be printed by the state printer as bulletins. § 27. State education building. After the completion of the state education building, it shall be occupied exclusively by the education department, including the university, with the state library, the state museum, and its other departments, to- gether with such other work with w^hich the commissioner of edu- cation and the regents have official relations, as they may, in their discretion, provide for therein; and such building and the offices of such department shall be maintained at state expense. ARTICLE 3 University of the State of New York Section 40. Corporate name and objects. 41. Eegents. 42. Officers. 43. Meetings and absences. 44. Quorum. 45. Authority to take testimony. 46. Legislative power. 47. General examinations, credentials and degrees. 48. Academic examinations. 49. Admission and fees. 50. Registrations. 51. Supervision of professions. 52. Extension of educational facilities. 53. Departments and their government. 54. State museum ; how constituted. 55. Collections made by the staff. 56. Indian collection. 57. Institutions in the university. 58. Visitation and reports. 59. Charters. 60. Provisional charters. 61. Conditions of incorporation. 62. Chans'e of name or charter. 63. Dissolution and rechartering. [Repealed by L. 1911, ch. 860.] 63. Liquidation of • educational institutions. [Inserted by L. 1911, ch. 860.] EDUCATION LAW 9 Section 64. Dissolution of incorporated academy by stockholders. 65. Suspension of operations. 6Q, Prohibitions. -' 67. Unlawful acts in respect to examinations. 68. Powers of trustees of institutions. 69. Colleges may construct water-works and sewer sys- tems. § 40. Corporate name and objects. The corporation created in the year seventeen hundred and eighty-four under the name of the Regents of the university of the state of 'New York, is hereby continued under the name of the university of the state of New York. Its objects shall be to encourage and promote edu- cation, to visit and inspect its several institutions and depart- ments, to distribute to or expend or administer for them such property and funds as the state may appropriate therefor or as the university may own or hold in trust or otherwise, and to per- form such other duties as may be intrusted to it. § 41. Regents. The university shall be governed and all its corporate powers exercised by a board of regents whose members shall at all times be three more than the then existing judicial dis- tricts of the state. The regents now in office and those hereafter elected shall hold, in the order of their election, for such times that the term of one regent will expire in each year on the first day of April, and his successor shall be chosen in the second week of the preceding February, on or before the fourteenth day of such month. Such election shall be in the manner provided by law for the election of senators in congress. All vacancies, either for full or unexpired terms, shall be so filled that there shall always be in the member- ship of the board of regents at least one resident of each of the judicial districts. A vacancy in the office of regent for other cause than expiration of term of service shall be filled for the un- expired term by an election at the session of the legislature imme- diately following such vacancy, unless the legislature is in session when such vacancy occurs, in which case the vacancy shall be filled by such legislature. There shall be no ^^ ex-officio " members of the board of regents. No person shall be at the same time a regent of the university and a trustee, president, principal or any other officer of an institution belonging to the university. § 42. Officers. The elective officers of the university shall be a chancellor and a vice-chancellor who shall serve without 3.0 N^EW YORK STATE EDUCATION DEPARTMENT salary, and such other officers as are deemed necessary by the regents, all of whom shall be chosen by ballot by the regents and shall hold office during their pleasure ; but no election, removal or change of salary of an elective officer shall be made by less than six votes in favor thereof. Each regent and each elective officer shall, before entering on his duties, take and file with the secretary of state the oath of office required of state officers. The chancellor shall preside at all convocations and at all meet- ings of the regents, and confer all degrees which they shall author- ize. In his absence or inability to act, the vice-chancellor, or if he be also absent, the senior regent present, shall perform all the du- ties and have all the powers of the chancellor. § 43. Meetings and absences. The regents may provide for regular meetings, and the chancellor, or the commissioner of education, or any five regents, may at any time call a special meet- ing of the board of regents and fix the time and place therefor ; and at least ten days' notice of every meeting shall be mailed to the usual address of each regent. If any regent shall fail to attend three consecutive meetings, without excuse accepted as satisfactory by the regents, he may be deemed to have resigned and the regents shall then report the vacancy to the legislature, which shall fill it. § 44. Quorum. Seven regents attending shall be a quorum for the transaction of business. § 45. Authority to take testimony. The regents, any committee thereof, the commissioner of education and any assist- ant commissioner of education may take testimony or hear proofs relating to their official duties, or in any matter which they mav lawfully investigate. § 46. Legislative power. Subject and in conformity to the constitution and laws of the state, the regents shall exercise legislative functions concerning the educational system of the state, determine its educational policies, and except as to the judicial functions of the commissioner of education establish rules for carrying into effect the laws and policies of the state, relating to education, and the powers, duties and trusts conferred or charged upon the university. But no enactment of the regents shall modify in any degree the freedom of the governing body of any seminary for the training of priests or clergymen to deter- mine and regulate the entire course of religious, doctrinal or theo- logical instruction to be given in such institution. I^o rule by which more than a majority vote shall be required for any speci- EDUCATIOI^ LAW 11 fied action by the regents shall be amended, suspended or repealed by a smaller vote than that required for action thereunder. § 47. General examinations, credentials and de- grees. The regents may confer by diploma under their seal such honorary degrees as they may deem proper, and may estab- lish examinations as to attainments in learning, and may award and confer suitable certificates, diplomas and degrees on persons who satisfactorily meet the requirements prescribed. § 48. Academic examinations. The regents shall estab- lish in the secondary institutions of the university, examinations in studies furnishing a suitable standard of graduation there- from and of admission to colleges, and certificates or diplomas shall be conferred by the regents on students who satisfactorily pass such examinations. § 49. Admission and fees. Any person shall be admit- ted to these examinations who shall conform to the rules and pay the fees prescribed by the regents. § 50. Registrations. The regents may register domestic and foreign institutions in terms of 'New York standards, and fix the value of degrees, diplomas and certificates issued by institu- tions of other states or countries and presented for entrance to schools, colleges and the professions in this state. § 51. Supervision of professions. Conformably to law the regents may supervise the entrance requirements to and the licensing and practice of the professions of medicine, dentistry, veterinary medicine, pharmacy and optometry, and also supervise the certification, of nurses and public accountants. § 52. Extension of educational facilities. The re- gents may extend to the people at large increased educational op- portunities and facilities, stimulate interest therein, recommend methods, designate suitable teachers and lecturers, conduct ex- aminations and grant credentials, and otherwise organize, aid and conduct such work. And the regents, and with their approval the commissioner of education, may buy, sell, exchange and receive by will, or other gift, or on deposit, books, pictures, statuary or other sculptured work, lantern slides, apparatus, maps, globes, and any articles or collections pertaining to or useful in and to any of the departments, divisions, schools, institutions, associa- tions or other agencies, or work, under their supervision, or con- trol, or encouragement, and may lend or deposit any such articles in their custody or control, when or where in their judgment 12 NEW YORK STATE EDUCATION DEPARTMENT compensating educational usefulness will result therefrom; and may also, from time to time, enter into contracts desirable for carrying into effect the foregoing provisions. § 53. Departments and their government. The state library and state museum shall be departments of the university, and the regents may establish such other departments and di- visions therein as they shall deem useful in the discharge of their duties. § 54. State museum; how constituted. All scientific specimens and collections, works of art, objects of historic inter- est and similar property appropriate to a general museum, if owned by the state and not placed in other custody by a specific law, shall constitute the state museum, and one of its officers shall annually inspect all such property not kept in the state museum rooms, and the annual report of the museum to the legislature shall include summaries of such property, with its location, and any needed recommendations as to its safety or usefulness. The state museum shall include the work of the state geologist and paleontologist, the state botanist and the state entomologist, who, with their assistants, shall be included in the scientific staff of the state museum. § 55. Collections made by the staff. Any scientific collection made by a member of the museum staff during his term of office shall, unless otherwise authorized by resolution of the regents, belong to the state and form part of the state museum. § 56. Indian collection. There shall be made, as the Indian section of the state museum, as complete a collection as practicable of the historical, ethnographic and other records and relics of the Indians of the state of New York, including imple- ments or other articles pertaining to their domestic life, agricul- ture, the chase, war, religion, burial and other rites or customs, or otherwise connected with the Indians of New York. § 57. Institutions in the university. The institu- tiors of the university shall include all secondary and higher educational institutions which are now or may hereafter be in- corporated in this state, and such other libraries, museums, in- stitutions, schools, organizations and agencies for education as may be admitted to or incorporated by the university. The regents may exclude from such membership any institution fail- ing to comply with law or with any rule of the university. EDUCATION LAW 13 § 58. Visitation and reports. The regents, or the com- missioner of education, or their representatives, may visit, exam- ine into and inspect, any institution in the university and any school or institution under the educational supervision of the state, and may require, as often as desired, duly verified reports therefrom giving such information and in such form as the regents or the commissioner of education shall prescribe. For refusal or continued neglect on the part of any institution in the university to make any report required, or for violation of any law or any rule of the university, the regents may suspend the charter or any of the rights and privileges of such institution. § 59. Charters. Under such name, with such number of trustees or other managers, and with such powers, privileges and duties, and subject to such limitations and restrictions in all respects as the regents may prescribe in conformity to law, they may, by an instrument under their seal and recorded in their office, incorporate any university, college, academy, library, mu- seum, or other institution or association for the promotion of science, literature, art, history or other department of knowledge, or of education in any way, associations of teachers, students, graduates of educational institutions, and other associations whose approved purposes are, in whole or in part, of educational or cul- tural value deemed worthy of recognition and encouragement by the university. 'No institution or association which might be in- corporated by the regents under this chapter shall, without their consent, be incorporated under any other general law. § 60. Provisional charters. On evidence satisfactory to the regents that the conditions for an absolute charter will be met within a prescribed time, they may grant a provisional charter which shall be replaced by an absolute charter when the conditions have been fully met ; otherwise, after the specified time, on notice from the regents to this effect, the provisional charter shall terminate and become void and shall be surrendered to the regents. No such provisional charter shall give power to confer degrees. §61. Conditions of incorporation. ^N^o institution shall be given power to confer degrees in this state unless it shall have resources of at least five hundred thousand dollars ; and no insti- tution for higher education shall be incorporated without suitable provision, approved by the regents, for educational equipment and proper maintenance. No institution shall institute or have any 14 JSTEW YORK STATE EDUCATION DEPARTMENT faculty or department of education in any place or be given power to confer any degree not specifically authorized by its charter ; and no corporation shall, under authority of any general act, extend its business to include establishing or carrying on any educational institution or work, without the consent of the board of regents. § 62. Change of name or charter. 1. The regents may, at any time, for sufficient cause by an instrument under their seal and recorded in their office, change the name, or alter, sus- pend or revoke the charter or incorporation of any in- stitution which they might incorporate under section fifty-nine, if subject to their visitation or chartered or incorporated by the regents or under a general law; provided that, unless on unanimous request of the trustees of the institu- tion, no name shall be changed and no charter shall be altered, nor shall any rights or privileges thereunder be suspended or repealed by the regents, till they have mailed to the usual address of every trustee of the institution concerned at least thirty days' notice of a hearing when any objections to the proposed change will be considered, and till ordered by a vote at a meeting of the regents for which the notices have specified that action is to be taken un the proposed change. 2. Any notice to a trustee whose address is not readily ascer- tainable, may be mailed to him in care of the institution. § 63. Dissolution and rechartering. [Repealed hy L. 1911, ch, 860.] § 63. Liquidation of educational institutions. Whenever any educational corporation subject to the visitation of the regents, chartered or incorporated by the regents or under a general law, shall cease to act in its corporate capacity, or shall have its charter revoked by the regents, it shall be lawful for the supreme court of this state, upon the application of the majority of the trustees thereof, in case said court shall deem it proper so to do, to order and decree a dissolution of such educational corporation, and for that purpose to order and direct a sale and conveyance of any and all property belonging to such corporation, and after providing for the ascertaining and payment of the debts of such corporation, and the necessary costs and expenses of such sale and proceedings for dissolution, so far as the proceeds of such sale shall be sufficient to pay the same, such court may order and direct any surplus of such proceed;; remaining after payment of such debts, costs and expenses, to be devoted and applied to any such EDUCATION LAW l5 educational, religious, benevolent, charitable or other objects or purposes as the said trustees may indicate by their petition and the said court may approve. Such application to said court shall be made by petition, duly verified by said trustees, which petition shall state the particular reason or causes why such sale and dissolution are sought; the situation, condition and estimated value of the property of said corporation, and the particular object or purposes to which it is proposed to devote any surplus of the proceeds of such property; and such petition shall, in all cases, be accompanied with proof that notice of the time and place of such intended application to said court has been duly published once in each week for at least four weeks successively, next preceding such application, in a newspaper published in the county where such corporation is located. In case there shall be no trustees of such educational corporation residing in the county in which such corporation is located, such application may be made and such proceedings taken by the board of regents of the university of the state of ^^ew York. This section shall not apply to the dissolution of an academy incorpo- rated under the laws of this state and having a capital stock. [Inserted hy L. 1911, ch, 860.] § 64. Dissolution of incorporated academy by stockholders. 1. Meeting to consider application for dis- solution, when to be called. The trustees of any academy incorpo- rated under the laws of this state and having a capital stock, may, and upon the written application of any person owning or law- fully holding one-third of the said capital stock, must call a general meeting of the stockholders of the said academy, as here- inafter provided, for the purpose of determining whether or not such incorporated academy shall surrender its charter and be dis- solved and its property distributed among the stockholders thereof. 2. Notice thereof, how published. The notice for such general meeting must state the object thereof and be subscribed by the chairman or other acting presiding officer and the secretary or acting secretary of the said corporation or board of trustees; it shall be published once a week for three successive weeks prior to such meeting in a daily or weekly newspaper published in the place where the said academy is located; or if there be no such paper, then in a daily or weekly paper published within the county, if there be one, or, if not, in an adjoining county to that in which such academv is located. 16 KEW YORK STATE EDUCATION DEPARTMENT 3. Vote requisite for surrender of charter and dissolution. Whenever, at a meeting of the stockholders called as hereinbefore provided, any person or persons holding or qualified to vote upon a majority of the capital stock of such incorporated academy shall vote to surrender the charter thereof and to dissolve the corpora- tion, the trustees of such academy, or a majority of them, must make and sign a certificate of such action, cause the same to be properly attested by the officers of the corporation and file the same, together with a copy of the published notice for the meet- ing at which such action was taken, and due proof of the pub- lication thereof, in the office of the board of regents of the univer- sity of the state of 'New York and thereupon, if the said proceed- ings shall have been regularly conducted as above prescribed, the charter of said corporation shall be deemed to be surrendered and the said corporation dissolved. 4". Powers of trustees of academies upon dissolution. Upon the dissolution of such incorporated academy, as herein provided, the trustees thereof shall forthwith become and be trustees of the creditors and stockholders of the corporation dissolved. They shall have full power to settle the affairs of the said corporation; to collect and pay the outstanding debts; to sue for and recover debts and property thereof by the name of the trustees of such corporation; to sell and dispose- of the property thereof, at public or private sale, and to divide among the stockholders the moneys or other property that shall remain after the payment of debts and necessary expenses. 5. Notice to creditors to present claims, how published. The said trustees may, after the dissolution of the said corporation, in- sert in a newspaper published in the place where the said academy is located, or if there be none such then in a newspaper published within the county, if there be one, or, if not, in an adjoining county, a notice once in each week for three successive months, requiring all persons having claims against the said corporation dissolved to present the same with proof thereof to the said trustees, at the place designated in such notice, on or before a day therein named which shall be not less than three months from the first publication thereof. In case any action shall be brought upon any claim which shall not have been presented to the said trustees within three months from the first publication of such notice, the said trustees shall not be chargeable for any assets, EDUCATION LAW 17 moneys or proceeds of the said corporation dissolved, which they may have paid in satisfaction of other claims against the said corporation, or in making distribution to the stockholders thereof, before the commencement of such action. 6. Surrender of stock scrip, upon distribution to shareholders. Upon the distribution by the said trustees of assets or property, or the proceeds thereof, of the dissolved corporation among its stockholders the said trustees may require the certificates of ovsmer- ship of capital stock, if such have been issued, standing in the name of any stockholder claiming a distributive share, or under whom such share is claimed, to be surrendered for cancellation by such stockholder or person claiming the said share; in the event of the non-production of any such certificate, the said trustees may require satisfactory proof of the loss thereof, or of any other cause for such non-production, together with such se- curity as they may prescribe, before payment of the distributive share to which the person claiming upon such share of stock may appear to be entitled. 7. ISTotice of distribution, to absent and unknown shareholders. In case the said trustees upon such distribution by them of assets or property, or the proceeds thereof, of the dissolved corporation among its stockholders, shall be unable to find any of the said stockholders or the persons lawfully owning or entitled to any portion of the said capital stock, they shall give notice in the manner hereinabove provided for calling the general meeting of stockholders, of such distribution, to the persons in whose names such stock shall stand upon the books of the said corpora- tion, requiring them to appear at a time and place designated, to receive the portion of such assets or property to which they may be entitled; in case of the failure of any such persons to so appear, it shall be lawful for the said trustees to pay over and deliver to the county treasurer of the county wherein such academy was located, or to any trust company or other corpora- tion located within such county and authorized to receive moneys on deposit under order or judgment of a court of record, the pro- portion of the assets, property or proceeds aforesaid which such non-appearing stock bears to the whole stock; the said trustees shall also deliver therewith, a list of the persons entitled to receive the same, together with the separate amounts to which they shall be severally entitled. 18 NF^W YORK STATE EDUCATION DEPARTMENT 8. Liability of trustees, when to cease. Upon the payment and discharge of the debts and obligations of the corporation dissolved, as hereinbefore provided, and the distribution of its assets, prop- erty and proceeds among the stockholders thereof, and due pro- vision made, as hereinabove prescribed, for the interests of non- appearing stockholders and such as can not be found, the said trustees shall become and be relieved and discharged from fur- ther duty, liability and responsibility by reason of their relation to the said corporation, or towards the stockholders thereof. 9. Duties and liabilities of custodians. Any county treasurer, trust company or other corporation to whom assets, property or proceeds shall be delivered as herein provided, shall hold the same in trust for the persons designated and entitled to receive it ; and upon receiving satisfactory proof of the right and title thereto, or {•■pon the order of any court of record competent to adjudicate thereupon, shall pay over and deliver to any persons entitled to receive the same the portion of such proceeds, property or assets to which they shall be entitled. § 65. Suspension of operations. If any institution in the university shall discontinue its educational operations without cause satisfactory to the regents, it shall surrender Its charter to them, subject, however, to restoration whenever ar- rangements satisfactory to the regents are made for resuming its work. § 66. Prohibitions. 1. 'No individual, association or corporation not holding university or college degree-conferring powers by special charter from the legislature of this state or from the regents, shall confer any degrees, or transact business under or in any way assume the name university or college, till written permission to use such name shall have been granted by the regents under their seal. 2. 'No person shall buy, sell or fraudulently or illegally make or alter, give, issue or obtain any diploma, certificate or other instru- ment purporting to confer any literary, scientific, professional or other degree, or to constitute any license, or to certify to the com- pletion in whole or in part of any course of study in any univer- sity, college, academy or other educational institution. 3. No diploma or degree shall be conferred in this state except by a regularly organized institution of learning meeting all re- quirements of law and of the university, nor shall any person with intent to deceive, falsely represent himself to have received EDUCATION LAW 19 any such degree or credential, nor shall any person append to his name any letters in the same form registered hy the regents as entitled to the protection accorded to university degrees, unless he shall have received from a duly authorized institution the degree or certificate for which the letters are registered. Counter- feiting or falsely or without authority making or altering in a material respect any such credential issued under seal shall be a felony ; any other violation of this section shall he a misdemeanor ; and any person who aids or abets another, or advertises or offers himself to violate the provisions of this section, shall be liable to the same penalties. § 67. Unlawful acts in respect to examinations. A person who shall 1. Personate or attempt or offer to personate another person in taking, or attempting or offering to take an examination held in accordance with this chapter or with the rules of the university; or 2. Take, or attempt or offer to take, such an examination in the name of any other person ; or 3. Procure any other person to falsely personate him or to take, or attempt or offer to take, any such examination in his name; or 4. Have in his possession question papers to be used in any such examination, when not contained in their sealed wrappers, or copies of such papers or questions, at any time prior to the date set for such examination, unless duly authorized by the regents or the commissioner of education ; or 5. Sell or offer to sell question papers or any questions prepared for use in any examination held in accordance with this chapter or with the rules of the university; or 6. Use in any such examination any question papers or ques- tions, or secure or prepare the answers to such questions prior to the time set for the examination; or 7. Transmit to the state education department answers to ques- tions used in any such examination which are prepared or written outside of the period of examination, or alter any such answers after such period is closed ; or 8. Otherwise secure or attempt to secure the record of having passed such examination in violation of the university rules; is guilty of a misdemeanor and upon conviction thereof shall be punished for a first offense by a fine of not less than fifty dollars 20 NVAV YORK STATE EDUCATION DEPARTMENT or imprisonment for not less than thirty days, or by both such fine and imprisonment, and for a second offense by a fine of not less than two hundred and fifty dollars, or imprisonment for not less than six months or by both such fine and imprisonment. § 68. Powers of trustees of institutions. The trus- tees of every corporation created by the regents, unless otherwise provided by law or by its charter, may: 1. Number and quorum. Fix the term of office and number of trustees, which shall not exceed twenty-five, nor be less than five. If any institution has more than five trustees, the body that elects, by a two-thirds vote after notice of the proposed action in the call for a meeting, may reduce the number to not less than five by abolishing the ofiice of any trustee which is vacant and filing in the regents' office a certified copy of the action. A majority of the whole number shall be a quorum. 2. Executive committee. Elect an executive committee of not less than five, who, in intervals between meetings of the trustees, may transact such business of the corporation as the trustees may authorize, except to grant degrees or to make re- movals from office. 3. Meetings and seniority. Meet on their own adjournment or when required by their by-laws, and as often as they shall be summoned by their chairman, or in his absence by the senior trustee, on written request of three trustees. Seniority shall be according to the order in which the trustees are named in the charter or subsequently elected. Notice of the time and place of every meeting shall be mailed not less than five nor more than ten days before the meeting to the usual address of every trustee. 4. Vacancies and elections. Fill any vacancy occurring in tl^e office of any trustee by electing another for the unexpired term. The office of any trustee shall become vacant on his death, resigna- tion, refusal to act, removal from ofiice, expiration of his term, or any other cause specified in the charter. If any trustee shall fail to attend three consecutive meetings without excuse accepted as satisfactory by the trustees, he shall be deemed to have resigned, and the vacancy shall be filled. Any vacancy in the office of trustee continuing for more than one year, or any vacancy reducing the number of trustees to less than two- thirds of the full number may be filled by the regents. No person shall be ineligible as a trustee by reason of sex. 5. Property holding. Take and hold by gift, grant, devise EDUCATION LAW 21 or bequest in their own right or in trust for any purpose com- prised in the objects of the corporation, such additional real and personal property, beyond such as shall be authorized by their charter or by special or general statute, as the regents shall au- thorize within one year after the delivery of the instrument or probate of the will, giving, granting, devising or bequeathing such property, and such authority given by the regents shall make any such gift, grant, devise or bequest operative and valid in law. Any grant, devise or bequest shall be equally valid whether made in the corporate name or to the trustees of a corporation, and powers given to the trustees shall be powers of the corporation. 6. Control of property. Buy, sell, mortgage, let and otherwise use and dispose of its property as they shall deem for the best interests of the institution; and also to lend or deposit, or to receive as a gift, or on loan or deposit, literary, scientific or other articles, collections, or property pertaining to their work; and such gifts, loans or deposits may be made to or with the university or any of its institutions by any person, or by legal vote of any board of trustees, corporation, association or school district, and any such transfer of property, if approved by the regents, shall during its continuance, transfer responsibility therefor to the in- stitution receiving it, which shall also be entitled to receive any money, books or other property from the state or other sources to which said corporation, association or district would have been en- titled but for such transfer. 7. Officers and employees. Appoint and fix the salaries of such officers and ^ employees as they shall deem necessary, who, unless employed under special contract, shall hold their offices during the pleasure of the trustees; but no trustee shall receive compensation as such. 8. Removals and suspensions. Eemove or suspend from office by vote of a majority of the entire board any trustee, officer or employee engaged under special contract, on examination and due proof of the truth of a written complaint by any trustee, of mis- conduct, incapacity or neglect of duty; provided, that at least one week's previous notice of the proposed action shall have been given to the accused and to each trustee. 9. Degrees and credentials. Grant such degrees and honors as are specifically authorized by their charter, and in testimony thereof give suitable certificates and diplomas under their seal; and every certificate and diploma so granted shall entitle the con- 22 NEW YORK STATE EDUCATION DEPARTMENT feree to all privileges and immunities which by usage or statute are allowed for similar diplomas of corresponding grade granted by any institution of learning. 10. Eules. Make all by-laws and rules necessary and proper for the purposes of the institution and not inconsistent with law or any rule of the university; but no rule by which more than a majority vote shall be required for any specified action by the trustees shall be amended, suspended or repealed by a smaller vote than that required for action thereunder. § 69. Colleges may construct ivater-^vorks and se-wer systems. 1. Every incorporated college in this state is duly authorized and empowered to construct and main- tain a system of water-works for the purpose of supplying its col- lege buildings and premises with pure and wholesome water for domestic, sanitary and fire purposes, and for the preservation of the health of its students, faculty and employees, and for the preservation of the public health of the town, village or city in or near which such college is located,' and the construction and main- tenance of such water- works is declared to be a public use. Such water-works, as often as necessary, may be enlarged or improved. 2. Any such college shall have the right to acquire real estate, or any interest therein, necessary or proper for such water-works, and the right to lay, relay, repair and maintain conduit and water pipes, with connections and fixtures, on, through, and over the lands of others ; the right to intercept and divert the flow of waters from the lands of riparian owners, and from persons owning and interested in any waters; and the right to prevent the flow or drainage of noxious, or impure, or unwholesome matter from the lands of others into its reservoirs, or sources of supply. But no such college shall ever have power to take or use water from any of the lands of this state, or any land, reservoir, or feeders, or any streams which have been taken by the state for the purpose of supplying the canals with water. The consent of an incor- porated village or city must be obtained to lay any such pipes in or through its streets, and such consent may be accompanied by such reasonable conditions or restrictions as are proper. 3. Such college may cause such examinations and surveys for its proposed water- works to be made as may be necessary to de- termine the proper location thereof, and for such purpose, by its oflicers, agents and servants, may enter upon any lands or waters in the vicinity for the purpose of making such examinations and EDUCATION^ LAW 23 surveys, subject to liability for all damage done. When surveys or examinations are made or concluded, a map shall be made of the lands or interests to be taken or entered upon, and on which the land or interest of each owner or occupant shall be designated, and all streets and roads in which it is proposed to lay conduit pipes, with the proposed line thereof, which map shall be dated and signed by the engineer making the same ; and said map shall be filed and kept in the college library for examination and reference, and a duplicate thereof shall be filed in the clerk^a office in each county wherein any of such lands or interests pro- posed to be taken are located. Such examinations and surveys may be ordered and directed by the president or board of trustees of such college. A majority of the trustees shall determine upon the construction of such water-works and the plans thereof, and order contracts therefor to be made by such officers of the college as may be designated. 4. If any such college shall be unable to agree upon such terms of purchase of any such property, right or easements, before or after plans shall be determined upon, it may, after such plans have been adopted, acquire the same by condemnation, according to the provisions of the condemnation law. 5. When any such college has constructed and completed water- works, as above provided, it may, by a majority of its trustees, de- termine upon and construct a sewer system ; it may connect the same with the sewer system of the village or city in or near which said college is situated, if such connection is practicable. Exam- ination, surveys and a map may be made as above provided. Lands and easements may be acquired by purchase, as above pro- vided, and in case such acquisition can not be made by purchase then they may be acquired by condemnation, according to the pro- visions of the condemnation law. ARTICLE 4 Commissioner of Education Section 90. Commissioner of education continued. 91. How chosen. 92. Term of office. 93. Salary. 94. General powers and duties. 24 NEW YORK STATE EDUCATION DEPARTMENT Section 95. Eemoval of school officers; withholding public money. 96. Other powers. 97. Schools of union free school districts and cities. 98. Keports of school officers. 99. County clerk and county treasurers to forward certain reports. [Added by L. 1911, ch. 159.] § 90. Commissioner of education continued. The office of commissioner of education is hereby continued. § 91. How chosen. 1. The commissioner of education shall be elected by a majority vote of the regents. 2. Such commissioner may be elected without regard to the place of his residence whether it be within or without the state of !N'ew York. § 92. Term of o£S.ce. The commissioner of education shall serve during the pleasure of the board of regents. § 93. Stalary. The salary of such commissioner shall be seven thousand five hundred dollars per annum, payable monthly, and he shall also be paid one thousand five hundred dollars in lieu and in full for his traveling and other expenses which shall also be payable monthly. § 94. General powers and duties. The commissioner of education is hereby charged with the following powers and duties : 1. He is the chief executive officer of the state system of educa- tion and of the board of regents. He shall enforce all general and special laws relating to the educational system of the state and execute all educational policies determined upon by the board of regents. 2. He shall have general supervision over all schools and insti- tutions which are subject to the provisions of this act, or of any statute relating to education, and shall cause the same to be ex- amined and inspected, and shall advise and guide the school officers of all districts and cities of the state in relation to their duties and the general management of the schools imder their control. 3. He shall have general supervision of industrial schools, trade schools and schools of agriculture, mechanic arts and home making; he shall prescribe regulations governing the licensing of the teachers employed therein; and he is hereby authorized, em- powered and directed to provide for the inspection of such schools, EDUCATIOJ^ LAW 25 to take necessary action to make effectual the provisions therefor, and to advise and assist boards of education in the several cities and school districts in the establishment, organization and man- agement of such schools. 4. He shall also have general supervision over the state normal schools which have been, or which may hereafter be, established as required by the provisions of this chapter. 5. He shall be ex officio a trustee of Cornell university. 6. He shall be responsible for the safe keeping and proper use of the department and university seal and of the books, records and other property in charge of the regents, and for the proper administration and discipline of the various offices and divisions of the education department. 7. He may annul upon cause shown to his satisfaction any cer- tificate of qualification granted to a teacher by any authority whatever or declare any diploma issued by a state normal school ineffective and null as a qualification to teach a common school within this state, and he may reconsider and reverse his action in any such matter. 8. He shall cause to be prepared and keep in his office records of all persons who have received, or shall receive, certificates of qualification to teach or diplomas of the state normal schools, with the dates thereof, and shall note thereon all annulments of such certificates and diplomas, and reversals thereof, with the dates and causes thereof, together with such other particulars as he may deem expedient. 9. He shall cause to be prepared suitable registers, blanks, forms and regulations for making all reports and conducting all necessary business under this chapter, and shall cause the same, with such information and instructions as he shall deem conducive to the proper organization and government of the common schools and the due execution of their duties by school officers, to be trans- mitted to the officers and persons intrusted with the execution of the same. 10. He may administer oaths and take affidavits concerning any matter relating to the duties of his office or pertaining in any way to the schools of the state or any part thereof. 11. He is hereby authorized to furnish, by means of pictorial or graphic representations, additional facilities for instruction in geography, history, science and kindred subjects, to the schools, institutions and organizations under the supervision of the re- 26 :!VEW YORK STATE EDUCATION DEPAKTMEXT gents. Material collected for this jDurpose may, under regents' general rules, be lent for a limited time to responsible institutions and organizations for the benefit of artisans, mechanics and other citizens of the several communities of the state. He may from time to time enter into contracts necessary for carrying out this provision. 12. He shall also have and execute such further powers and duties as he shall be charged with by the regents. § 95. Removal of school officers; ivithholding pub- lic money. 1. Whenever it shall be proved to his satisfaction that any trustee, member of a board of education, clerk, collector, treasurer, school commissioner, superintendent of schools or other school officer has been guilty of any wilful violation or neglect of duty under this chapter, or any other act pertaining to common schools or other educational institution participating in state funds, or wilfully disobeying any decision, order or regulation of the regents or of the commissioner of education, said commis- sioner may, by an order under his hand and seal, which order shall be recorded in his office, remove such school officer from his office. 2. Said commissioner of education may also withhold from any district or city its share of the public money of the state for wil- fully disobeying any provision of law Or any decision, order or regulation as aforesaid. § 96. Other poivers. The commissioner of education shall also have power and it shall be his duty to cause to be instituted such proceedings or processes as may be necessary to properly enforce and give effect to any provision in this chapter or in any other general or special law pertaining to the school system of the state or any part thereof or to any school district or city. He shall possess the power and authority to likewise enforce any rule or direction of the regents. § 97. Schools of union free school districts and cities. The schools of every union free school district and of every city in all their departments shall be subject to the visita- tion of the commissioner of education. He is charged with the general supervision of their boards of education and their man- agement and conduct of all departments of instruction. § 98. Reports of school officers. The officers of the sev- eral districts and cities of the state and all other school officers shall make such reports and in such form from time to time in relation to the schools under their management and supervision as the commissioner of education shall require. EDUCATION LAW 27 § 99. County clerk and county treasurers to for- ward certain reports. 1. The county clerk of each comity, shall upon the requisition of the commissioner of education, hie Avith such commissioner any reports of trustees of school districts and boards of education or the abstract of such reports made by school commissioners which have been filed in the office of such county clerk pursuant to the provisions of the education law, whenever it is necessary for the commissioner of education to obtain information or data contained in official reports which have been transmitted to the education department but which have been destroyed by fire or otherwise. 2. The county treasurer of each county shall, upon the requi- sition of the commissioner of education, forward to said commis- sioner any original certificates relating to the apportionment of school moneys which the commissioner of education has filed in the office of such treasurer whenever it is necessary to obtain in- formation on the apportionment of school moneys when the data relating thereto in the office of the commissioner of education has been destroyed by fire or otherwise. After securing such informa- tion as may be necessary from such certificates, the commissioner of education shall return the same to the treasurer of such county. [Added hy L. 1911, ch. 159, in effect May 20, 1911.] ARTICLE 5 School Districts Section 120. Existing districts continued. 121. Formation of new district. 122. !N^umber and description of districts. 123. Alteration by consent. 124. Alteration without consent. 125. Hearing of objections to order for alteration with- out consent. 126. Dissolution or alteration of joint district. 127. Special meeting of joinj district to act regarding dissolution. 128. Dissolution by consent and consequent alteration of districts. 129. Dissolution, re-formation and consolidation of districts. 28 Is^EW YORK STATE EDUCATION DEPARTMENT Section 130. Division of union free school district which contains two incorporated villages. 131. Method and result of election. 132. Apportionment of indebtedness. 133. The bonded indebtedness of certain dissolved districts. 134. Temporary attendance of pupils as before division. 135. Continuance of dissolved district for payment of debts. 136. Deposits of records of dissolved district. 137. Property of districts consolidated. 138. Sale of property of dissolved district and disposition of proceeds. 139. Collection and distribution of moneys due dissolved district. 140. Fees of supervisor and town clerk. 141. [N'otice of meeting for establishment of union free school district. 142. Posting, publication and service of notice. 143. !N"otice in case of adjoining districts. 144. Expense of notice. 145. Proceedings at meeting and effect of affimiative vote. 146. Meeting to determine regarding reorganization as common school district. 147. Result of vote for or against reorganization. 148. Reversion to form of original school districts. 149. School commissioner may require equality of par- tition. 150. Effect of veto by school commissioner regarding subsequent meeting. 151. Report of proceedings to commissioner of education. 152. Distribution of moneys on dissolution. 153. School property exempt from taxation. 154. Application of funds obtained from sale of school property.. § 120. Existing districts continued. All school dis- tricts organized either by special laws or pursuant to the pro- visions of a general law are hereby continued and may be altered or dissolved as herein provided. EDUCxVTION LAW 29 § 121. Formation of new district. 1. A school com- missioner may organize a new school district out of the territory of one or more school districts which are wholly within his school commissioner district whenever the educational interests of the community require it. 2. The school commissioners of two or more adjoining school commissioner districts when public interests require it may form a joint school district out of adjoining portions of their respective districts. § 122. Number and description of districts. 1. Each school commissioner shall renumber the school districts of each town in his commissioner district from time to time and shall also number each new district and shall describe in metes and bounds each of such school districts. 2. The order of a school commissioner forming or numbering a school district and the written description thereof together with all notices, orders, consents and proceedings relating to the formation or alteration thereof shall be filed with the town clerk of the town in which such district is located. 3. Every joint district shall bear the same number in every school commissioner district of whose territory it is in part com- posed. § 123. Alteration by consent. With the written consent of the trustees of all the districts to be affected thereby, the school commissioner may make an order altering the boundaries of any school district within his jurisdiction, and fix in such order a day when the alteration shall take effect. § 124. Alteration without consent. If the trustees of auy district affected thereby refuse to consent, the school commis- sioner may make and file with the town clerk his order making the alteration, but reciting the refusal, and directing that the order shall not take effect until a day therein to be named, and not less than three months after the date of such order. § 125. Hearing of objections to order for alter- ation without consent. 1. Within ten days after making and filing such order the school commissioner shall give at least a week's notice in writing to the trustees of all districts affected by the proposed alterations, that at a specified time, and at a named place within the town in which one of the districts to be affected lies, he will hear the objections to the alteration. 30 N:ew york state educatioi^^ department 2. The trustees of any district to be affected by such order may request the supervisor and town clerk of each of the towns, within which such districts shall wholly or partly lie, to be associated with the school commissioner. 3. At the time and place mentioned in the notice, such commis- sioner, with the supervisors and town clerks, if they shall attend and act, shall hear and decide the matter, and the decisdon shall be final unless duly appealed from. Such decision must either affirm or vacate such order, and must be filed with and recorded by the town clerk of the town in which the district to be affected shall lie, and a tie vote shall be regarded a decision for the pur- poses of an appeal on the merits. Upon such appeal the commis- sioner of education may affirm, modify or vacate the order of the school commissioner or the action of the local board. § 126. Dissolution or alteration of joint district. The majority of the school commissioners within whose districts any joint school district lies may make an order at a meeting duly called by one of such commissioners altering or dissolving such district. § 127. Special meeting of joint district to act re- garding dissolution. 1. If a school commissioner, by notice in writing, shall require the attendance of the other school commissioners, at a joint meeting for the purpose of altering or dissolving a joint district, and a majority of all the commissioners shall refuse or neglect to attend, such commissioners attending, or any one of them, may call a special meeting of such school district for the purpose of deciding whether such district shall be dis- solved. 2. If such special meeting shall vote to dissolve the district the school commissioner who called such meeting may make an order dissolving the district and shall recite in such order the refusal or neglect of the other school commissioners, his call of the special meeting and the action taken at such meeting. § 128. Dissolution by consent and consequent alter- ation of districts. 1. A school commissioner may dissolve one or more common school districts upon the written consent of the trustees of all the districts to be affected. When one or more of such districts adjoin a union free school district whose limits do not correspond with those of an incorporated village or city, he may annex the territory of such dissolved districts to such union free school district. EDUCATIOIS^ LAW 31 2. A school commissioner on the written consent of the boards of education of the districts affected may also dissolve a union free school district when it adjoins another union free school dis- trict and annex the territory of such dissolved district to such other union free school district. § 129. Dissolution, re-formation and consolida- tion of districts. Any school commissioner may dissolve one or more districts, and may from such territory form a new dis- trict; he may also unite such territory or a portion thereof to any adjoining school district, except a union free school district whose boundaries are coterminous with the boundaries of an in- corporated village or city. § 130. Division of union free school district ivhich contains two incorporated villages. ^Repealed hij L. 1911, cli. 331, in ejfed June 15, 1911.] § 131. Method and result of election. [Repealed hy L. 1911, ch. 334, in effect June 15, 1911.] § 132. Apportionment of indebtedness. [Repealed hy L. 1911, ch. 334, in effect June 15, 1911.] § 133. The bonded indebtedness of certain dissolved districts. Whenever two or more districts are dissolved pur- suant to the provisions of section one hundred and twenty-eight of this article and annexed to adjoining districts the bonded in- debtedness of any such district shall thereupon become a charge upon the enlarged district formed by such annexation. The board of education of such district shall raise by tax an amount suffi- cient to pay any of the bonds and interest thereon of such district as the same shall become due. § 134. Temporary attendance of pupils as before division. [Repealed hy L. 1911, ch. 334, in effect June 15, 1911.] § 135. Continuance of dissolved districts for pay- ment of debts. Though a district be dissolved, it shall con- tinue to exist in law, for the purpose of providing for and paying all its just debts; and to that end the trustees and other officers shall continue in office, and the inhabitants may hold special neetings, elect officers to supply vacancies and vote taxes; and all other acts necessary to raise money and pay such debts shall be done by the inhabitants and officers of the district. § 1S|6.^ Deposit of records of dissolved district. 1. The school commissioner, or a majority of such commissioners o2 ]N"EW YORK STATE EDUCATION DEPARTMENT in whose districts a dissolved school district was situated, shall by written order delivered to the clerk of the district, or to any per- son in whose possession the books, papers and records of the dis- trict, or any of them, may be, direct such clerk or other person to deposit the same in the clerk's office in the town named in the order. 2. Such clerk or other person, by neglect or refusal to obey the order, shall forfeit fifty dollars, to be applied to the benefit of the common schools of said town. § 137. Property of districts consolidated. When two or more districts shall be consolidated into one, the new dis- trict shall succeed to all the rights of property possessed by the annulled districts. § 138. Sale of property of dissolved district and disposition of proceeds. 1. When a district is divided into portions, which are annexed to other districts, its property shall be sold by the supervisor of the town, within which its school- house is situated, at public auction, after at least five days' notice. 2. Such notice shall be given by posting the same in three or more public places of the town in which the school-house is situ- ated and in one conspicuous place in the district so dissolved. 3. The supervisor, after deducting the expenses of the sale, shall .apply its proceeds to the payment of the debts of the district, and apportion the residue, if any, among the owners or possessors of taxable property in the district, in the ratio of their several assess- ments on the last corrected assessment-roll of the towns, and pay it over accordingly. § 139. Collection and distribution of moneys due dissolved district. The supervisor of the town within which the school-house of the dissolved district was situated may demand, sue for and collect, in his name of office, any money of the district outstanding in the hands of any of its former officers, or any other person; and, after deducting his costs and expenses, shall report the balance to the school commissioner who shall ap- portion the same equitably among the districts to which the parts of the dissolved district were annexed, to be by them applied as their district meeting shall determine. § 140. Fees of supervisor and town clerk. The supervisor and town clerk -shall be entitled each, to one dollar and fifty cents a day, for each day's service in any proceeding under EDUCATION LAW 33 section one hundred twenty-five of this article, to be levied and paid as a charge upon their town. § 141. Notice of meeting for establislmieiit of union free school district. 1. Whenever fifteen persons entitled to vote at any meeting of the inhabitants of any school dis- trict in the state, shall sign a request for a meeting, to be held for the purpose of determining whether a union free school shall be established therein in conformity with the provisions of this ar- ticle, it shall be the duty of the trustees of such district, within ten days after such request shall have been presented to them, to give public notice that a meeting of the inhabitants of such dis- trict entitled to vote thereat will be held for such purpose as afore- said, at the school-house, or other more suitable place in such dis- trict, on a day and at an hour to be specified in such notice not less than twenty nor more than thirty days after the publication of such notice. 2. If the trustees shall refuse to give such notice, or shall neg- lect to give the same for twenty days, the commissioner of educa- tion may authorize and direct any inhabitant of such district to give the same. § 142. Posting, publication and service of notice. 1. Whenever such district shall correspond wholly or in part with an incorporated village, in which there shall be published a daily or weekly newspaper, the notice required in section one hun- dred and forty-one shall be given by posting the same in five con- spicuous places in said district, at least twenty days prior to such meeting, and by causing the same to be published once a week for three consecutive weeks before such meeting, in all the newspapers published in said district. 2. In other districts the said notice shall be given by posting the same as aforesaid, and in addition thereto, the trustees of such district shall authorize and require any taxable inhabitant thereof to notify every other qualified voter in such district of such meet- ing by delivering to him a copy of such notice or in case of his absence from home, by leaving a copy thereof, or so much thereof as relates to the time, place and object of the meeting, at the place of his abode at least twenty days prior to the time of such meeting. § 143. Notice in case of adjoining districts. 1. Whenever fifteen persons, entitled as aforesaid, from each of two or more adjoining districts, shall unite in a request for a meeting 2 34 XEW YOEK STATE EDUCATION DEPARTMENT of the inhabitants of such districts, to determine whether such districts shall be consolidated by the establishment of a union free school therein, it shall be the duty of the trustees of such districts, or a majority of them, to give public notice of such meeting, at some convenient place within such districts, and as central as may be, within the time and to be published and served in the manner set forth in sections one hundred forty-one and one hundred forty-two of this article, in each of such districts. 2. The commissioner of education may order such meeting under the conditions and in the manner prescribed in section one hundred forty-one of this article. § 144. Expense of notice. The reasonable expense of the publication and service of such notice, shall be chargeable upon the district, in case a union free school is established by the meet- ing so convened, to be levied and collected by the trustees, as in case of taxes now levied for school purposes ; but in the event that such union free school shall not be established, then the said ex- pense shall be chargeable upon the inhabitants signing the request, jointly and severally, to be sued for, if necessary, in any court hav- ing jurisdiction of the same. § 145. Proceedings at meeting and effect of affirm- ative vote. 1. iVny such meeting held pursuant to the fore- going provisions shall be organized by the election of a chair- man and clerk and may be adjourned from time to time, by a majority vote, provided that such adjournment shall not be for a longer period than ten days ; and whenever at any such meeting duly called and held under the provisions of sections one hundred forty-one and one hundred forty- two of this article, at least fifteen qualified voters of the districts shall be present; or at such meeting duly called and held under the provisions of section one hundred forty-three of this article, at least fifteen qualified voters of each of the two or more adjoining districts, joining in the request, shall be present, such meeting may, by the afiirmative vote of a majority present and voting, adopt a resolution to establish a union free school in said district, or to consolidate the two or more adjoining districts by establishing a union free school in said districts pur- suant to the notice of said meeting. If said meeting shall deter- mine to establish a union free school in said districts as afore- said, it shall be lawful for such meeting thereafter to proceed to the election of a board of education as provided in sections three hundred and one and three hundred and two of this chapter. EDUCATION LAW 35 2. The school commissioner in whose district the union free school district is thus organized shall designate such district aa union free school district number .... of the town of and the said board shall have the name and style of the board of education of (adding the designation aforesaid). 3. Copies of said request, notice of meeting, order of the com- missioner of education directing some inhabitant to call said meet- ing, if any, and minutes of said meeting, duly certified by the chairman and clerk thereof, shall be transmitted and deposited, immediately after such meeting by one of such officers, one to and with the town clerk, one to and with the school commissioner in whose jurisdiction said districts are located, and one to and with the commissioner of education. 4. If at any such meeting, the question as to the establishment of a union free school shall not be decided in the affirmative, as aforesaid, then all further proceedings at such meeting, except a motion to reconsider or adjourn, shall be dispensed with, and no such meeting shall be again called within one year thereafter. 5. When any such meeting shall have established a union free school in said districts, such union free school district shall not be dissolved within the period of one year from the first Tuesday of August next after such meeting. § 146. Meeting to determine regarding reorgani- zation as common school district. In any union free school district established under the laws of this state, and which shall have been established for the period of one year or more, it shall be the duty of the board of education, upon the application of fifteen resident taxpayers of such district, to call a special meeting in the manner prescribed by law, for the purpose of de- termining whether application shall be made in the manner here- inafter provided, for the dissolution of such union free school district, and for its reorganization as one or more common school districts. § 147. Result of vote for or against reorganization. 1. Whenever, at any such meeting called and held as aforesaid, it shall be determined by a majority vote of the legal voters present and voting, to be ascertained by taking and recording the ayes and noes, not to dissolve such union free school district, no other meeting for a similar purpose shall be held in said district within three years from the time the first meeting was held. 36 NEW YOKK STATE EDUCATIOI^ DEPARTMENT 2. Whenever at any such meeting called and held as aforesaid it shall be determined by a two-thirds vote of the legal voters pres- ent and voting, to be ascertained by taking and recording the ayes and noes, to dissolve such union free school district, it shall be the duty of the board of education to present to the school com- missioner of the commissioner district in which said union free school is situated, a certified copy of the call, notice and proceed- ings. If such school commissioner shall approve the proceedings of said meeting, he shall certify the same to the board of educa- tion. Such approval shall not take effect until the day preceding the first Tuesday of August next succeeding; but after that date such district shall cease to be a union free school district. § 148. Reversion to form of original school dis- tricts. If any union free school district dissolved under the foregoing provisions shall have been established by the consolida- tion of two or more districts, it shall be lawful for such school commissioner to order that its territory be divided into two or more districts, to correspond, so far as practicable, with the dis- tricts theretofore consolidated. § 149. School commissioner may require equality of partition. Such school commissioner may make his ap- proval of the proceedings of any such meeting held as aforesaid conditional upon the payment, by the district which has been most greatly benefited by the consolidation in the way of buildings and other improvements to the other districts into which the said union free school district is divided, of such sum of money as he may deem equitable. § 150. Effect of veto by school commissioner re- garding subsequent meeting. If such school commis- sioner shall not approve the proceedings of any such meeting, held as aforesaid, for the purpose of dissolving a union free school district, no other meeting shall be held in such district, for a similar purpose, within three years from the time the first meet- ing was held. § 151. Report of proceedings to commissioner of education. Whenever the proceedings of a meeting, held as aforesaid, for the purpose of dissolving a union free school dis- trict, shall have been approved by such school commissioner and shall have been certified by him to the board of education, it shall be the duty of the board of education of the district affected forth- with to file with the commissioner of education, copies of the EDUCATIOI^ LAW 37 call, notice, proceedings of the meeting, and the action taken by such school commissioner thereon. § 152. Distribution of moneys on dissolution. All moneys remaining in the hands of the treasurer of the union free school district when the order of dissolution shall take effect shall be apportioned equitably among the several districts into which such union free school district is divided, and shall be paid over to the collectors or treasurers of such districts when they shall have been elected and have qualified according to law. § 153. School property exempt from taxation. The grounds, buildings, furniture, books, apparatus and all other prop- erty of a school district shall not be subject to taxation for any purpose. § 154. Application of funds obtained from sale of scbool property. All moneys obtained from the sale of any school property authorized under the provisions of this chapter shall be applied for the benefit of the district as directed by the voters thereof in any annual or special meeting, ARTICLE 6 School Neig'liborlioods Section 170. Setting off school neighborhoods. 171. Neighborhood meetings. 172. Duties of neighborhood clerk and trustee. § 170. Setting off school neigliborhoods. Each school commissioner in respect to the territory within his district shall have power, with the approval of the commissioner of education, to set off by itself any neighborhood adjoining any other state of the union, where it shall be found most convenient for the inhabitants to send their children to a school in such adjoining state, and to deliver to the town clerk of the town in which it lies, in whole or in part, a description of each such separate neighbor- hood. He shall also prepare a notice, describing such neighbor- hood, and appointing a time and place for the first neighborhood meeting, and deliver such notice to a taxable inhabitant of such neighborhood. It shall be the duty of such inhabitant to notify every other inhabitant of the neighborhood, qualified to vote at the meeting, by reading the notice in his hearing, or, in case of his absence from home, by leaving a copy thereof, or so much 38 JSTEW YORK STATE EDUCATION DEPARTMENT thereof as relates to the time, place and object of the meeting, at the place of his abode, at least six days before the time of the meeting. In case such meeting shall not be held, and in the opinion of the school commissioner it shall be necessary to hold such meeting before the time herein fixed for the first annual meeting, he shall deliver another such notice to a taxable inhab- itant of the neighborhood, who shall serve it as hereinbefore provided. § 171. Neighborhood meetings. The annual meeting of each neighborhood shall be held on the first Tuesday of August in each year, at the hour and place fixed by the last previous neigh- borhood meeting; or, if such hour and place has not been so fixed, then at the hour and place of such last meeting ; or, if such place be no longer accessible, then at such other place as the trustee, or, if there be no trustee, the clerk, shall in the notices designate. The proceedings of no neighborhood meeting, annual or special shall be held illegal for want of a due notice to all the persons qualified to vote thereat, unless it shall appear that the omission to give such notice was wilful and fraudulent. The inhabitants of any neighborhood, entitled to vote, when assembled in any annual meeting or any special meeting called by the com- missioner as above provided, shall have power, by a majority vote of those present, to appoint a chairman for the time being, and to choose a neighborhood clerk and one trustee, and to fill vacancies in office. The provisions of article seven of this chapter, shall apply to and govern such meeting, so far as the same can in sub- stance be applied to the proceedings ; and the provisions of article eight of this chapter shall apply to and govern the officers of such neighborhood, so far as the same can in substance be applied thereto. § 172. Duties of neighborhood clerk and trustee. The neighborhood clerk shall keep a record of the proceedings of his neighborhood, and of the reports of the trustees, and de- liver the same to his successor. In case such neighborhood shall be annexed to a district within this state its records shall be filed in the office of the clerk of such district. The trustee shall, be- tween the twenty-fifth day of July and the first day of August in every year, make his annual report to the school commissioner, and file it in the office of the clerk of the town of which the neigh- borhood is a part. Such report shall specify the whole amount of public moneys received during the year and from what public EDUCATION LAW 39 officer, and the manner in which it was expended ; the whole num- ber of such children as can be included in the district trustees' report residing in the neighborhood on the thirtieth day of August prior to the making of such report; and any other matters which the commissioner of education may require. ARTICLE 7 District Meeting's Section 190. l^otice of first meeting of district. 191. Service of notice of first meeting of district. 192. Second notice of first meeting of district. 193. iN'otice of annual meeting. 194. Time and place of annual meeting. 195. Annual meetings of districts re-formed after dissolu- tion. 196. Special meeting to transact business of annual meet- ing. 197. Special meetings in common school districts. 198. Special meetings in union free school *district. 199. Call of special district meeting by school commis- sioner. 200. Effect of want of due notice of district meetings. 201. Penalty for failure to serve notice. 202. Duty to attend district meetings. 203. Qualifications of voters at district meetings. 204. Declaration in case of challenge of voter. 205. Penalty for false declaration or unauthorized vote. 206. Powers of voters. 207. Vote on proposition to expend money. § 190. Notice of first meeting; of district. When- ever any school district shall be formed, the school commissioner or any one or more of such commissioners, within whose districts it may be, shall prepare a notice describing such district, and ap])ointing a time and place for the first district meeting, and deliver such notice to a taxable inhabitant of the district. § 191. Service of notice of first meeting of district. It shall be the duty of such inhabitant to notify every other in- habitant of the district qualified to vote at the meeting, by * So in original. 40 NEW YORK STATE EDUCATION DEPARTMENT delivering to him a copy of the notice of such meeting, or in case of his absence from home, by leaving a copy thereof, or so much thereof as relates to the time, place and object of the meeting, at the place of his abode, at least six days before the time of the meeting. § 192. Second notice of first meeting of district. In case such meeting shall not be held, and in the opinion of the school commissioner it shall be necessary to hold such meeting, before the time herein fixed for the first annual meeting, he shall deliver another such notice to a taxable inhabitant of the district, who shall serve it as provided in section one hundred and ninety- one. § 193. Notice of annual meeting. 1. The district clerk of each common school district shall give notice of the time and place of the annual meeting by posting five notices of such meet- ing in five conspicuous places in the district five days previous to the date of such meeting. One of such notices must be posted on the front door of the school-house. 2. The clerk of each union free school district shall give notice of the time and place of the annual meeting by publishing a notice once in each week for the four weeks next preceding such district meeting, in two newspapers if there shall be two, or in one newspaper if there shall be but one, published in such district. But if no newspaper shall then be published therein, the said notice shall be posted in at least twenty of the most public places in said district twenty days before the time of such meeting. § 194. Time and place of annual meeting. The an- nual meeting of each school district shall be held on the first Tues- day of May in each year, and, unless the hour and place thereof shall have* been fixed by a vote of a previous district meeting, the same shall be held in the school-house at seven-thirty o'clock in the evening. If a district possesses more than one school-house, it shall be held in the one usually employed for that purpose, unless the trustees designate another. If the district possesses no school-house, or if the school-house shall not be acces- sible, then the annual meeting shall be held at such place as a trus- t-ee, or, if there be no trustee, the clerk, shall designate in the notice. (Thus amended by L. 1910, ch. 442, in effect Septem- ber 1, 1910.) EDUCATION" LAW 41 § 195. Annual meetings of districts re-formed after dissolution. The districts formed by the dissolution of a union free school district, as provided in sections one hun- dred and twentv-nine and one hundred and thirty of this chapter, shall hold their annual meetings on the first Tuesday of August next after the dissolution of such union free school district, and shall elect officers as now required by law. § 196. Special meeting to transact business of an- nual meeting. Whenever the time for holding the annual meeting in school districts shall pass without such meeting being held in a district, a special meeting shall thereafter be called by the trustees or by the clerk of such district for the purpose of transacting the business of the annual meeting; and if no such meeting be called by the trustees or the clerk within ten days after such time shall have passed, the school commissioner of the com- missioner district in which said school district is situated or the commissioner of education may order any inhabitant of such dis- trict to give notice of such meeting in the manner provided in sec- tion one hundred ninety-one, and the officers of the district shall make to such meeting the reports required to be made at the an- nual meeting, subject to the same penalty in case of neglect; and the officers elected at such meeting shall hold their respective offices only until the next annual meeting and until their suc- cessors are elected and shall have qualified. § 197. Special meetings in common school districts. 1. A special district meeting shall be held whenever called by the trustees. The notice thereof shall state the purposes for which it is called, and no business shall be transacted at such special meet- ing, except that which is specified in the notice; and the district clerk, or, if the office be vacant, or the clerk be sick or absent, or shall refuse to act, a trustee, or some taxable inhabitant, by order of the trustees, shall serve the notice upon each inhabitant of the district qualified to vote at district meetings, at least six days be- fore the day of the meeting, in the manner prescribed in section one hundred ninety-one. 2. The inhabitants of a district may, at any annual meeting, adopt a resolution prescribing some other mode of giving notice of special meetings, which resolution and the mode prescribed thereby shall continue in force until rescinded or modified at some subsequent annual meeting. 42 NEW YOEK STATE EDUCATION DEPARTMENT § 198. Special meetings in union free school dis- tricts. 1. Boards of education shall have power to call special meetings of the inhabitants of their respective districts whenever they shall deem it necessary and proper, in the manner prescribed in subdivision two of section one hundred and ninety-three of this chapter. 2. In union free school districts whose limits correspond with .those of any incorporated village or city, the boards of education shall have power to call special meetings of the inhabitants of their respective districts for the purposes mentioned in section four hundred and sixty-seven in the manner prescribed in said subdivision two of section one hundred and ninety-three. § 199. Call of special district meeting by school commissioner. When the clerk and all the trustees of a school district shall have removed from the district, or their office shall be vacant, so that a special meeting can not be called, as hereinbefore provided, the school commissioner may in like man- ner give notice of, and call a special district meeting. § 200. Effect of want of due notice of district meetings. The proceedings of no district meeting, annual or special, shall be held illegal for want of a due notice to all the per- sons qualified to vote thereat, unless it shall appear that the omis- sion to give such notice was wilful and fraudulent. § 201. Penalty for failure to serve notice. Every taxable inhabitant, to whom a notice of any district meeting shall be delivered for service pursuant to any provisions of this article, who shall refuse or neglect to serve the same, as hereinbefore prescribed, shall forfeit five dollars for the benefit of the district. § 202. Duty to attend district meetings. Whenever any district meeting shall be duly called, it shall be the duty of the inhabitants qualified to vote thereat, to assemble at the time and place fixed for the meeting. § 203. Qualifications of voters at district meetings. A person shall be entitled to vote at any school meeting for the election of school district officers, and upon all other matters which may be brought before such meeting who is: 1. A citizen of the United States. 2. Twenty-one years of age, 3. A resident within the district for a period of thirty days next preceding the meeting at which he offers to vote; and who in addition thereto possesses one of the following four qualifications : EDUCATIOI^ LAW 43 a. Owns or hires, or is in the possession under a contract of purchase of real property in such district liable to taxation for school purposes, or b. Is the parent of a child of school age, provided such child shall have attended the district school in the district in which the meeting is held for a period of at least eight weeks during the year preceding such school meeting, or c. JSTot being the parent, has permanently residing with him a child of school age who shall have attended the district school for a period of at least eight weeks during the year preceding such meeting, or d. Owns any personal property, assessed on the last preceding assessment-roll of the town, exceeding fifty dollars in value, exclu- sive of such as is exempt from execution. 'No person shall be deemed to be ineligible to vote at any such meeting, by reason of sex, who has the other qualifications re- quired by this section. § 204. Declaration in case of challenge of voter. If a person offering to vote at any school district meeting shall be challenged as unqualified, by any legal voter in such district, the chairman presiding at such meeting shall require the person so offering, to make the following declaration : " I do declare and affirm that I am, and have been, for the thirty days last past, an actual resident of this school district and that I am qualified to vote at this meeting." And every person making such declaration shall be permitted to vote on all questions proposed at such meet- ing; but if any person shall refuse to make such declaration, his vote shall be rejected. § 205. Penalty for false declaration or unantlior<^ ized vote. A person who shall wilfully make a false declara- tion of his right to vote at a school meeting, after his right to vote thereat has been challenged, shall be deemed guilty of a mis- demeanor. And a person not qualified to vote at such meeting, who shall vote thereat, shall thereby forfeit ten dollars, to be sued for by the supervisor for the benefit of the common schools of the town. § 206. Powers of voters. The inhabitants entitled to vote, when duly assembled in any district meeting, shall have power, by a majority of the votes of those present: 1. To appoint a chairman. 2. To appoint a clerk for the time if the district clerk is absent. 44 IS^EW YORK STATE EDUCATION DEPARTMENT 3. To adjourn from time to time as occasion may require. 4. To elect one or three trustees as hereinafter provided, a dis- trict clerk and a district collector, and in any district which shall so determine, as hereinafter provided, to elect a treasurer, at their first meeting, and so often as such offices or any of them become vacated, except as hereinafter provided. 5. At the first meeting, or at any subsequent annual meeting, or at any special meeting duly called for that purpose, the quali- fied voters of any school district are authorized to adopt by a vote of a majority of such voters present and voting, to be ascertained by taking and recording the ayes and noes, a resolution to elect a treasurer of said district, who shall be the custodian of all moneys belonging to said district, and the disbursing officer of such moneys. If such resolution shall be adopted, such voters shall thereupon elect by ballot a treasurer for said district. Any person elected treasurer at any meeting other than an annual meeting, shall hold office until the next annual meeting after such election, and until his successor shall be elected or appointed, and thereafter a treasurer shall be elected at each annual meet- ing for the term of one year. {Thus amended by L. 1910, ch. 4:4:2j in effect September 1, 1910.) 6. To fix the amount in which the collector and treasurer shall give bonds for the due and faithful performance of the duties of their offices. 7. To designate a site for a school-house, or, with the consent of the school commissioner within whose district the school dis- trict lies, to designate sites for two or more school-houses for the district. Such designation of a site for a school-house can be made only at a special meeting of the district, duly called for such purpose by a written resolution in which the proposed site shall be described by metes and bounds, and which resolution must receive the assent of a majority of the qualified voters present and voting, to be ascertained by taking and recording the ayes and noes. 8. To vote a tax upon the taxable property of the district to purchase, lease and improve such sites or an addition to such sites ; to hire or purchase rooms or buildings for school-rooms or school- houses, or to build school-houses; and to keep in repair and fur- nish the same with necessary fuel, furniture and appurtenances. 9. To vote a tax, not exceeding twenty-five dollars in any one year, for the purchase of maps, globes, blackboards and other EDUCATIOJ^ LAW 45 scliool apparatus, and for the purchase of text-books and other school necessaries for the use of poor scholars of the district. 10. To vote a tax for the establishment of a school library and the maintenance thereof, or for the support of any school library already owned by said district, and for the purchase of books therefor, and such sum as they may deem necessary for the pur- chase of a book-case. 11. To vote a tax to supply a deficiency in any former tax arising from such tax being, in whole or in part, uncollectible. 12. To authorize the trustees to cause the school-houses, and their furniture, appurtenances and school apparatus to be insured by any insurance company created by or under the laws of this state, or any other insurance company authorized by law to trans- act business in this state. 13. To alter, repeal and modify their proceedings, from time to time, as occasion may require. 14. To vote a tax for the purchase of a book for the purpose of recording their proceedings. 15. To vote a tax to replace moneys of the district, lost or embezzled by district officers ; and to pay the reasonable expenses incurred by district officers in defending suits or appeals brought against them for their official acts, or in prosecuting suits or appeals by direction of the district against other parties. 16. To vote a tax to pay whatever deficiency there may be in teachers' wages after the public money apportioned to the district shall have been applied thereto. 17. To vote a tax to pay and satisfy of record any judgments of a competent court which may have been or shall hereafter be obtained in an action against the trustees of the district for unpaid teachers' wages, where the time to appeal from said judgments shall have lapsed, or there shall be no intent to appeal on the part of such district, or the said judgments are or shall be of the court of last resort. 18. Whenever any district shall have contracted with the school authorities of any city, or other school district for the education therein of the pupils residing in such school district, or whenever in any school district children of school age shall reside so remote from the school-house therein that they are practically deprived of school advantages during any portion of the school year, the inhabitants thereof entitled to vote are authorized to 46 I^EW YORK STATE EDUCATION DEPARTMENT provide, by tax or otherwise, for the conveyance of any or all pupils residing therein to the schools of such city, or district with which such contract shall have been made, or to the school maintained in said district, and the trustees thereof may contract for such conveyance when so authorized in accordance with such rules and regulations as they may establish, and for the purpose of defraying any expense incurred in carrying out the provisions of this subdivision, they may if necessary use any portion of the public money apportioned to such district as a district quota. § 207. Vote on proposition to expend money. Tn all propositions arising at said district meetings, involving the expenditure of money, or authorizing the levy of taxes, the vote thereon shall be by ballot, or ascertained by taking and recording the ayes and noes of such qualified voters attending and voting at such district meetings. ARTICLE 8 School District Officers; General Provisions Section 220. Officers of district. 221. Qualifications of officers. 222. Ineligibility to office. 223. Oath of office. 224. Terms of office. 225. Terms of officers of newly created district. 226. l^umber of trustees; determination of change. 227. Election of officers. 228. Notice and acceptance of election. 229. Refusal of trustee to serve. 230. Penalty for refusal to serve or perform duty. 231. Resignation of district officers. 232. Vacating office. 233. Filling vacancy in office of trustee. 234. Filling vacancy in office of clerk, collector or treasurer. 235. Notice of appointment to fill vacancy and filing thereof. 236. District records, books, et cetera, are district property. EDUCATION" LAW 47 § 220. Officers of district. 1. Each school district shall have from one to three trustees as the district determines, a clerk, a collector and if the district so decides a treasurer. 2. A union free school district shall have from three to nine trustees as the district shall determine. § 221. Qualifications of officers. Every school district officer must be able to read and write and must be a qualified voter of the district. § 222. Ineligibility to office. 1. No school commissioner or supervisor is eligible to the office of trustee or member of a board of education, and no trustee can hold the office of district clerk, collector, treasurer or librarian. 2. A person removed from a school district office shall be in- eligible to appointment or election to any district office for a period of one year from the date of such removal. 3. 'Not more than one member of a family shall be a member of the same board of education in any school district. § 223. Oath of office. No officer of a school district shall be required to take the constitutional oath of office. § 224. Terms of office. 1. In a district having three or more trustees the full term of office of trustee shall be three years, but a trustee may be elected for one or two years as. provided in this chapter. 2. In a district having a sole trustee the term of office of trustee shall be one year. 3. The term of office of all other district officers shall be one year. 4. One year, within the meaning of this section, is a school year. A school year shall be from August first until July thirty-first fol- lowingi (Thus amended by L. 1910, cli. 4:4:2, in effect September ], 1910.) § 225. Terms of officers of newly created district. The terms of all officers elected at the first meeting of a newly created district shall expire on the first Tuesday of August, next thereafter. § 226. Number of trustees; determination of change. 1. At the first annual meeting next after the erection of a district the electors shall determine, by resolution, whether the district shall have one or three trustees ; and if they resolve to have three trustees, shall elect the three for one, two and three years, respectively, and shall designate by their votes for which term each 48 IS'EW YORK STATE EDUCATION DEPARTMENT is elected; thereafter in such district, one trustee shall be elected at each annual meeting to fill the office of the outgoing trustee. 2. The electors of any district having three trustees shall have power to decide at any annual meetiug by a majority vote of those jjresent and voting, whether the district shall have a sole trustee or three trustees. If they resolve to have a sole trustee, the trus- tees in office shall continue in office until their terms of office shall expire. "No election of a trustee shall be had in the district until the offices of such trustees shall become vacant by the expiration of their terms of office or otherwise, and thereafter but one trus- tee shall be elected for said district. 3. The electors of a district having but one trustee may deter- mine at an annual meeting, by a two-thirds vote of the legal voters present thereat, to have three trustees; and upon the adoption of a resolution to that effect, shall proceed to elect three trustees or such number as may be necessary to form a board of three trus- tees, in the same manner as provided in this section for the elec- tion of three trustees at the first annulal meeting after the erection of a district; and thereafter in such district, one trustee shall be elected for three years, at each annual meeting, to fill the office of the outgoing trustee. § 227. Election of officers. 1. All district officers shall be elected by ballot and the trustees shall provide a suitable ballot box for such purpose. 2. Two inspectors of election shall be appointed in such manner as the meeting shall determine, who shall receive the votes cast, canvass the same and announce the result of the ballot to the chair- man. 3. A poll-list containing the name of every person whose vote shall be received shall be kept by the clerk of the meeting. 4. The ballots shall be written or printed, or partly written and partly printed, containing the name of the person voted for and designating the office for which each is voted. 5. The chairman shall declare to the meeting the result of each ballot, as announced to him by the inspectors, and the persons hav- ing the majority of votes, respectively, for the several officers, shall be elected. § 228. Notice and acceptance of election. 1. The district clerk shall forthwith notify in writing each person elected to office of his election and the date thereof. EDUCATION LAW 49 2. Such person shall be deemed to have accepted the office, unless within five days after the service of such notice, he shall file his written refusal with the clerk. The presence of any such person at the meeting which elects him to office, shall be deemed a sufficient notice to him of his election. § 229. Refusal of trustee to serve. A trustee who publicly declares that he will not accept or serve in the office of trustee, or refuses or neglects to attend three successive meetings of the board, of which he is duly notified, without rendering a good and valid excuse therefor to the other trustees vacates his office by refusal to serve. § 230. Penalty for refusal to serve or perform duty. 1. Every person chosen or appointed to a school district office and being duly qualified to fill the same who shall refuse to serve therein shall forfeit the sum of ^Ye dollars. 2. Every person chosen or appointed to a school district office and not refusing to accept the same who shall wilfully neglect or refuse to perform any duty thereof shall by such neglect or refusal vacate his office and also forfeit the sum of ten dollars. 3. The school commissioner of the commissioner district wherein any such person resides may accept his written resignation of the office, and the filing of such resignation and acceptance in the office of the district clerk shall be a bar to the recovery of either penalty under this section. 4. These penalties shall be for the benefit of the district for which such officer was appointed or elected. § 231. Resignation of district officers. A school dis- trict officer may resign to a district meeting. Such officer shall also be deemed, to have resigned if he files a written resignation with the school commissioner of his district and such commissioner endorses thereon his approval and files the same with the district clerk. § 232. Vacating office. 1. A school district office becomes vacant by the death, resignation, refusal to serve, incapacity, re- moval from the district or from office. 2. The collector or treasurer vacates his office by not executing a bond to the trustees, as herein required. Z. A trustee or a member of a board of education vacates his office by the acceptance of either the office of school commissioner or supervisor. 50 NEW YORK STATE EDUCATIOIS' DEPARTMENT § 233. Filling; vacancy in office of trustee. 1. A va- cancy in the office of trustee in any district may be filled by election within thirty days after it occurs. If not so filled the school commissioner of the commissioner district, within which the school-house or principal school-house of the district is situ- ated, may appoint a competent person to fill it. 2. If a vacancy in the office of trustee in a union free school district exists the commissioner of education may order a special election for filling such vacancy. When such special election is ordered the vacancy shall not be filled otherwise. 3. If such vacancy is supplied by a district meeting, it shall be for the balance of the unexpired term; but when such vacancy is supplied by appointment by a school commissioner it shall be only until the next annual meeting of the district. § 234. Filling vacancy in office of clerk, collector or treasurer. A vacancy in the office of clerk, collector or treasurer, may be filled by appointment by the trustees of the dis- trict, and the appointees shall hold their respective offices until the next annual meeting of the district, and until their successors are elected and have qualified. § 235. Notice of appointment to fill vacancy and filing thereof. Every appointment to fill a vacancy shall be forthwith filed, by the school commissioner or trustees making it, in the office of the district clerk, who shall immediately give notice of the appointment to the person appointed. § 236. District records, books, etc., are district property. The records, books and papers belonging or apper- taining to the office of any officer of a school district are hereby declared to be the property of such district and shall be open for inspection by any qualified voter of the district at all reasonable hours, and any such voter may make copies thereof. ARTICLE 9 District Clerk; Treasurer; Collector Section 250. Duties of district clerk. 251. Duties of district treasurer. 252. Collector's bond. 253. Collector to disburse teachers' fund. 254. 'Clerk, treasurer and collector in union free school district. EDUCATION LAW 51 Section 255. Payments and reports by collector. 256. Liability of collector for moneys lost. 257. Remedy of trustees against collector in default. § 250. Duties of district clerk. It shall be the duty of the clerk of each school district: 1. To record the proceedings of all meetings of the voters of his district in a book to be provided for that purpose by the dis- trict, and to enter therein true copies of all reports made by the trustees to the school commissioner. 2. To give notice, in the manner prescribed by section one hun- dred ninety-one, of the time and place of holding special district meetings called by the trustees. 3. To affix a notice in writing of the time and place of any adjourned meeting, when the meeting shall have been adjourned for a longer time than one month, in at least five of the most' public places of such district, at least five days before the time appointed for such adjourned meeting. 4. To give the required notice of every annual district meeting. 5. To give notice immediately to every person elected or ap- pointed to office of his election or appointment ; and also to report TO the town clerk of the town in which the school-house of his district is situated, the names and post-office addresses of such officers, under a penalty of five dollars for neglect in each instance. 6. To notify the trustees of every resignation duly accepted by the school commissioner. 7. To keep and preserve all records, books and papers belonging to his office and to deliver the same to his successor. For a refusal or neglect so to do, he shall forfeit fifty dollars for the benefit of the schools of the district, to be recovered by the trustees. 8. To obey the order of the school commissioners as to depositing the books, papers and records of his office in the town clerk's office in case the district shall be dissolved. 9. To attend all meetings of the board of trustees when notified, and keep a record of their proceedings in a book provided for that purpose. 10. To call special meetings of the inhabitants whenever all the trustees of the district shall have vacated their office. § 251. Duties of district treasurer. 1. The treasurer of a school district shall be the custodian of all moneys belonging to the district from whatever source derived, and it is hereby 52 NEW YORK STATE EDUCATIOl^ DEPARTMENT made the duty of the trustees of such district to pay to such treasurer any and all moneys that may come into their hands belonging to such district derived from sales of personal or real property of the district, from insurance policies, from bonds of the district issued and sold by them, or from any other source whatever. 2. The collector of such district shall pay over to such treasurer all moneys collected by him under and by virtue of any tax list and warrant issued and delivered to him. 3. Such treasurer is hereby authorized and empowered to demand and receive from the supervisor of the town in which such school district is situated all public money apportioned to said district. 4. It shall be the duty of such treasurer within ten days after notice of his election to execute and deliver to the trustees of such district, his bond in such sum as shall have been fixed by a district meeting or as such trustees shall require, with at least two sureties to be approved by such trustees, conditioned to faith- fully discharge the duties of his office, and to well and truly account for all moneys received by him, and to pay over any sums of money remaining in his hands to his successor in office. Such bond when so executed and approved in writing by such trustees shall be filed with the district clerk. 5. ISTo moneys shall be paid out or disbursed by such treasurer except upon the written orders of a sole trustee, or a majority of the trustees. 6. Such treasurer shall, whenever required by such trustees report to them a detailed statement of the moneys received by him, and his '^disbursments, and at the annual meeting of such district he shall render a full account of all moneys received by him and from what source, and when received, and all disburse- ments made by him and to whom and the dates of such disburse- ments respectively, and the balance of moneys remaining in his hands. § 252. Collector's bond. 1. Within such time, not less than ten days, as the trustees shall allow him for the purpose, the collector; before receiving the first warrant for the collection of money, shall execute a bond to the trustees, with one or more sure- ties, to be approved by a majority of the trustees, in such amount * So in original. EDUCATION LAW 53 as the district meeting shall have fixed, or if such meeting shall not have fixed the amount then in such amount as the trustees shall deem reasonable, conditioned for the due and faithful execu- tion of the duties of his office. 2. The trustees, upon receiving said bond, shall, if they approve thereof, indorse their approval thereon, and forthwith deliver the same to the town clerk of the town in which said collector resides, and said clerk shall file the s^ame in his office, and enter in a book to be kept by him for that purpose, a memorandum, showing the date of said bond, the names of the parties and sureties thereto, the amount of the penalty thereof, and the date and time of filing the same, and said town clerk is authorized to receive as a fee for such filing and memorandum the sum of twenty-five cents, which sum is hereby made a charge against the school district interested in said bond. § 253. Collector to disburse teachers' fund. 1. The trustees of a school district which has not a treasurer may direct by resolution duly entered on the minutes of their proceedings the collector of such district to disburse to teachers the money appor- tioned by the state for teachers' salaries. 2. The collector shall thereupon execute a bond to the trustees, with two or more sureties, in double the amount of the last appor- tionment, with like condition of sureties, approval of trustees, and amount and like directions as to filing as are required in the preceding section for a bond for the collection of taxes, and con- ditioned also for the due and faithful execution of the duties of his office as such disbursing agent. § 254. Clerk, treasurer and collector in union free school district. 1. In every union free school district the board of education shall have power to appoint one of their num- ber, or some other qualified voter in said district who is not a teacher employed therein as clerk of the board of education of such district. 2. Such clerk shall also act as clerk of said district, and shall perform all the clerical and other duties pertaining to his office, and for his services he shall be entitled to receive such compensa- tion as shall be fixed at an annual meeting of such district. 3. In case no provision is made at an annual meeting for the compensation of a clerk the board of education may ^x the same. 4. Said board of education in every union free school district whose limits do not correspond with those of an incorporated vil- 54 NEW YORK STATE EDUCATIO^^f DEPARTMENT lage or city shall appoint a district treasurer, and a collector who shall hold office during the pleasure of the board. The board shall also fix the compensation of the treasurer. 5. Such treasurer and collector shall each, and within ten days after notice in writing of his appointment, duly served upon him, and before entering upon the duties of his office, execute and deliver to the said board of education a bond, with such sufficient penalty and sureties as the board may require, conditioned for the faithful discharge of the duties of his office ; and in case such bond shall not be given within the time specified, such office shall thereby become vacant, and said board shall thereupon, by ap- pointment, fill such vacancy. 6. So much of this section as relates to the election of a clerk shall not apply to the towns of Cortlandt and White Plains in Westchester county. § 255. Payments and reports by collector. 1. The collector shall keep in his possession all moneys received or col- lected by him by virtue of any warrant, or received by him from the county treasurer or board of supervisors for taxes returned as unpaid, or moneys apportioned by the state or raised by direct taxation for teachers' wages or library, and pay the same out upon the written order of a majority of the trustees. 2. When a treasurer shall have been elected in a district, the collector shall pay over the moneys collected by him by virtue of his warrant, to said treasurer as provided in section two hundred and fifty-one; and he shall report in writing, at the annual meeting, all his collections, receipts and disbursements, and shall report to the supervisor on or before the first Tuesday of March in each year the amounts of school moneys in his hands not paid out on trustees' orders, and shall pay over to his successor in office, when such successor has duly qualified and given a bond as required by section two hundred and fifty-two, all moneys in his hands be- longing to the district. § 256. liiability of collector for moneys lost. If by the neglect of the collector any moneys shall be lost to a school district, which might have been collected within the time limited in the warrant delivered to him for their collection, he shall for- feit to such district the amount of the moneys thus lost, and shall account for and pay over the same to the trustees of such district, in the same manner as if they had been collected. EDUCATION LAW 55 § 257. Remedy of trustees against collector in de- fault. For the recovery of all such forfeitures, and of all bal- ances, in the hands of the collector, which he shall have neglected or refused to pay to his successor, or to the treasurer of such dis- trict, the trustees, in their name of office, shall have their remedy upon the official bond of the collector, or any action and any remedy given by law ; and they shall apply all such moneys, when recovered, in the same manner as if paid without suit. ARTICLE 10 Trustees Section 270. Trustees constitute a board and body corporate. 271. Property held by trustees as corporation. 272. Powers and duties of a sole trustee. 273. Mode of exercise of trustees' powers. 274. Powers of trustees when vacancies on board exist. 275. Powers and duties of trustees. 276. Trustees' annual report. 277. Annual report of trustees of certain joint districts. 278. Trustees' annual report to district. 279. Penalty for failure of trustee to account. 280. Payment by trustee to successor. 281. Trustees' right *to action against predecessors. 282. Notice of non-payment of moneys apportioned. 283. Taxation for expenses incurred by trustees. 284. Issuing order in excess of available funds a mis- demeanor. 285. Trustees must not be interested in district contracts. § 270. Trustees constitute a board and body cor- porate. The sole trustee or the trustees of a school district shall constitute a board for such* district and such board is hereby created a body corporate. § 271. Property held by trustees as corporation. All property which is now vested in, or shall hereafter be trans- ferred to the trustees of a district, for the use of schools in the district, shall be held by them as a corporation. § 272. Powers and duties of a sole trustee. The sole trustee of a district shall possess all the powers and be subject * So in original. 56 NEW YORK STATE EDUCATION DEPARTMENT to all the duties, liabilities and penalties which the law imposes upon a board of three trustees. § 273. Mode of exercise of trustees' powers. 1. The powers committed by law to the trustees of a district must be ex- ercised by them as a board. The board must meet for the trans- action of business in accordance with notice of time and place. 2. In a board composed of three trustees, when two only meet to deliberate upOn any matter, and the third, if notified, does not attend, or the three meet and deliberate thereon, the conclusion of two upon the matter, and their order, act or proceeding in relation thereto, shall be as valid as though it were the conclusion, order, act or proceeding of the three; and a recital of the two in their minute of the conclusion, act or proceeding, or in their order, act or proceeding of the fact of such notice, or of such meeting and deliberation, shall be conclusive evidence thereof. 3. A meeting of the board may be ordered by any member thereof, by giving not less than twenty-four hours' notice of the same. § 274. Powers of trustees w^hen vacancies on board exist. 1. While there is one vacancy in the office of trustee, the two trustees shall have all the powers and be subject to all the duties and liabilities of the three. And while there are two such vacancies, the trustee in office shall have all the powers and be subject to all the duties and liabilities of the three, as though he were a sole trustee. 2. When a vacancy shall occur in the office of trustee, the board shall immediately call a special meeting of the district to supply such vacancy. § 275. Powers and duties of trustees. It shall be the duty of the trustees of a school district, and they shall have power : 1. To call special meetings of the inhabitants of such districts whenever they shall deem it necessary and proper. 2. To give notice of special, annual and adjourned meetings in the manner prescribed in this chapter, if there be no clerk of the district, or he be absent or incapable of acting, or shall refuse to act. 3. To make out a tax-list of every district tax voted by a dis- trict meeting, or authorized by law, which shall contain the names of all the taxable inhabitants residing in the district at the time of making out the list, and the amount of tax payable by each inhabitant, as directed in article fifteen of this chapter. EDUCATION LAW 57 4. To purchase or lease such school-house sites and to purchase or build such school-houses as a district meeting may authorize; and to hire temporarily such rooms or buildings as may be neces- sary for school purposes. 5. To have the custody and safe-keeping of the district school- houses, their sites and appurtenances. 6. To insure the school buildings, furniture and school ap- paratus in some company created by or under the laws of this state, or in an insurance company authorized by law to transact business in this state, and to comply with the conditions of the policy, and raise by a district tax the amount required to pay the premiums thereon. 7. To insure the school library in such a company in a sum fixed by a district meeting, and to raise the premium by a dis- trict tax, and comply with the conditions of the policy. 8. To contract with and employ as many legally qualified teachers as the schools of the district require ; to determine the rate of compensation and the term of the employment of each teacher and to determine the terms of school to be held during each school year. 9. To establish rules for the government and discipline of the schools. 10. To prescribe the course of studies to be pursued in such schools. Provisions shall be made for instructing pupils in all schools supported by public money, or under state control, in physi- ology and hygiene, with special reference to the effect of alcoholic drinks, stimulants and narcotics upon the human system. 11. To pay, towards the wages of legally qualified teachers the public moneys apportioned to the district for such purpose by giv- ing them orders therefor on the supervisor, or on the collector or treasurer of such district when duly qualified to receive and dis- burse the same. 12. To collect by district tax an amount sufiicient to pay any judgment or the salaries of teachers for the current school year after deducting from the aggregate amount required for this pur- pose the amount of public money in the hands of the supervisor, collector or treasurer applicable to the payment of teachers' salaries and to pay the same by written orders on the collector or treasurer. 13. To draw upon the supervisor, the collector or treasurer, when duly qualified to receive and disburse the same, for the school moneys, by written orders signed by the sole trustee, or 58 K^EW YORK STATE EDUCATION DEPARTMENT where there are three trustees, signed by a majority of said trus- tees as prescribed by subdivisions one and two of section three hundred and sixty of this chapter. 14. To keep each of the school-houses under their charge, and its furniture, school apparatus and appurtenances, in necessary and proper repair, and make the same reasonably comfortable for use, but shall not expend therefor without vote of the district an amount to exceed fifty dollars in any one year. 15. To make any repairs and abate any nuisances, pursuant to the direction of the school commissioner as herein provided, and provide fuel, stoves or other heating apparatus, pails, brooms and other implements necessary to keep the school-houses and the school-rooms clean, and make them reasonably comfortable for use, when no provision has been made therefor by a vote of the district, or the sum voted by the district for said purposes shall have proved insufficient. 16. To provide for building fires and cleaning the school-rooms, and for janitor work generally in. and about the school-house, and pay reasonable compensation therefor. 17. To provide bound blank-books for the entering of their ac- counts, the records of the district and the proceedings of district and trustee meetings, and a list of the movable property of the district and they shall deliver such books to their successors in ofiice. 18. To expend in the purchase of dictionary, books, maps, globes or other school apparatus, a sum not exceeding twenty-five dollars in any one year. 19. To establish temporary or branch schools in such places in the district as shall best accommodate the children, and to hire rooms or buildings therefor and to fit up and furnish such rooms or buildings in a suitable manner for conducting school therein when it is shown : a. That any considerable number of the children residing in a portion of the district are so remote from the school-house as to render it difficult for them to attend school in such school-house in inclement weather, or ; b. That the school building is overcrowded and proper accom- modations are not afforded all the children of the district, or ; c. That for any other sufficient reason suitable and proper school facilities are not provided by the present school accommo- dations. EDUCATION LAW 59 Any expenditure made or liability incurred in pursuance of this section shall be a charge upon the district. § 276. Trustees' annual report. The trustees of each district shall make a full report to the commissioner of education upon any particular matter relating to their schools whenever such report shall be required by said commissioner. The trustees of each school district shall, on the first day of August in each year, make to the school commissioner a report in writing for the year ending on July thirty-first preceding. Such report shall be in such form as the commissioner of education shall prescribe. In every case the trustees shall sign and certify to said report and deliver it to the clerk of the town, in which the school-house of the district is situated; and every such report shall certify: 1. The whole time school has been maintained in their district during the year ending on the day previous to the date of such report, and stating what portion of the time such school has been taught by qualified teachers, and the whole number of days, *in eluding holidays, in which the school was taught by qualified teachers. 2. The amount of their drafts upon the supervisor, collector or treasurer for the payment of teachers' salaries during such year, and the amount of their drafts upon him for the purchase of books and school apparatus during such year, and the manner in which such moneys have been expended. 3. The number of children taught in the district school during such year by qualified teachers, and the aggregate days' attend- ance of all such children upon the school. 4. The number of children residing in their district, over five and under eighteen years of age, who shall have been, on the thirtieth day of August last preceding the date of such report, legal residents of such district. Children supported at a county poor-house or an orphan asylum shall not be included in such enumeration. 5. The number of vaccinated and unvaccinated children of school age in their respective districts. 6. The amount of money paid for teachers' salaries, in addition to the public money paid therefor, the amount of taxes levied in said district for purchasing school-house sites, for building, hir- ing, purchasing, repairing and insuring school-houses, for fuel, for school libraries, or for any other purpose allowed by law. * So in original. 60 NEW YORK STATE EDUCATION DEPARTMENT Y. Such additional information in relation to the schools under their management and control as the commissioner of education shall require. § 277. Annual report of trustees of certain joint districts. Where a school district lies in two or more counties, its trustees shall file their annual report in the office of the clerk of the town in which the principal schoolhouse of the district is situated. § 278. Trustees' annual report to district. The trustees shall render to the district, at its annual meeting, a just, full and true account in writing, of all moneys received by them respectively for the use of the district, or raised or collected by taxes, the preceding year, and of the manner in which the same shall have been expended, and showing to which of them an un- expended balance, or any part thereof, is chargeable; and of all drafts or orders made by them upon the supervisor, collector, treasurer or other custodian of moneys of the district ; and a full statement of all appeals, actions or suits and proceedings brought by or against them, and of every special matter touching the con- dition of the district. § 279. Penalty for failure of trustee to account. By a wilful neglect or refusal to render such account, a trustee forfeits any unexpired term of his office, and becomes liable to the trustees for any district moneys in his hands. § 280. Payment by trustee to successor. An outgoing trustee shall forthwith pay, to his successor or any other trustees of the district in office, all moneys in his hands belonging to the district. § 281. Trustees' riglit of action against prede- cessor. The trustees in office shall sue for and recover any dis- trict moneys in the hands of any former trustee, or of his per- sonal representatives, and apply them to the use of the district. § 282. Notice of non-payment of moneys appor- tioned. If any portion of the moneys apportioned to the dis- trict shall not be paid by the supervisor, the collector or treasurer, upon the due requirement of the trustees, they shall forthwith notify the treasurer of the county and the commissioner of educa- tion of the fact. § 283. Taxation for expenses incurred by trustees. When trustees are required or authorized by law, or by a vote of their district, to incur any expenses for such district, and when EDUCATION LAW 61 any expenses incurred by them are made, by express provision of law, a charge upon such district, they may raise the amount thereof by tax in the same manner as if the definite sum to be raised had been voted by a district meeting. § 284. Issuing order in excess of available funds a misdemeanor. 1. The trustees of a school district shall not issue an order or draft upon a supervisor, collector or treasurer for the payment of the salary of a teacher unless there shall be in the hands of such supervisor, collector or treasurer at the time sufficient money belonging to the district to meet such order or draft. 2. A violation of this section by the trustees of a district shall be a misdemeanor. § 285. Trustees must not be interested in district contracts. ^N'o trustee shall be personally interested directly or indirectly in any contract which he makes in behalf of the district. ARTICLE 11 Boards of Education Section 300. Boards of education corporate bodies. 301. Board of education in district whose boundaries are not coterminous with those of an incorpo- rated village or city. 302. Board of education in district whose boundaries are coterminous with those of an incorporated village or city. 303. Provisions for separate elections in certain districts. 304. Determination of election disputes. 305. Election and organization of board of education in new district where union free school district con- taining two incorporated villages is divided. 306. Annual meetings of boards of education. 307. Change in number of members of board of educa- tion in union free school district whose *bound- aires are coterminous with those of an incorpo- rated village or city. 308. Change in number of members of board of educa- tion in union free school district whose bound- aries are not coterminous with those of an in- corporated village or city. * So in original. 62 ]S^EW YORK STATE EDUCxVTIOISr DEPARTMENT Section 209. Power of removal of member of "board of educatioii, 310. Powers and duties of boards of education. 311. l^ight schools; kindergartens. 312. Appointment of superintendent of schools. 313. Regular meetings ; visitation of schools. 314. Limitation upon expenditures. 315. Deposit, custody and payment of moneys in cities and villages. 316. Moneys and accounts in union free school districts whose boundaries are not tha same as the bound- aries of incorporated cities and villages. 317. Boards of education have powers of trustees of com- mon schools and trustees of academieis. 318. Academy may be adopted as academic department. 319. Contracts with academies. 320. Eetransfer of academy to its former trustees. 321. Records; reports. 322. Reports to commissioner of education. 323. Estimated expenses for ensuing year. 324. Vote upon school taxes. 325. Levy of tax for certain purposes without vote. 326. Reference to commissioner of education. 327. Corporate authorities must raise tax certified by board of education. 328. Application of this article. § 300. Boards of education corporate bodies. The board of education of each union free school district or city is hereby created a body corporate and it shall, at its first meeting and at each annual meeting thereafter, elect one of its members president. § 301. Board of education in district ivhose bound- aries are not coterminous ivith those of an incor- porated village or city. 1. Whenever a union free school district shall be established pursuant to the provisions of sections one hundred and forty-one to one hundred and forty-five of this chapter and the boundaries of such district shall not be cotermin- ous with the boundaries of an incorporated city or village, it shall be the duty of the meeting at which such union free school district is established to elect by ballot not less than three nor more than nine trustees, who shall, by the order of such meet- EDUCATIOIsr LAW 63 ing, be divided into three classes, the first to hold until one, the second until two, and the third until three years from the first Tuesday of August next following, except as in the next section provided. Thereafter there shall be elected in such districts, at the annual meeting, trustees to supply the places of those whose terms of ofiice, by the classification aforesaid, expire. 2. The trustees thus elected, shall enter at once upon their of- fices, and the office of any existing trustees in such districts, before the establishment of a union free school therein, shall cease, ex- cept for the purposes stated in section one hundred and thirty- five of this chapter. The said trustees and their successors in office shall constitute the board of education of the union free school dis- trict thus established. (Subdivision two thus amended by L. 1910, cJi. 442, in effect September 1, 1910.) § 302. Board of education in district whose bound- aries are coterminous with, those of an incorporated village or city. Whenever said board of education shall be constituted for any district whose limits correspond with those of any incorporated village or city, the trustees so elected shall, by the order of such meeting, be divided into three classes : The first class to serve until one ; the second, until two ; and the third, until three years after the date of the next charter election in such village or city, and their regular term of service shall be computed from the several dates of such chai^ter elections. There- after, there shall be annually elected in such villages and cities, at the charter elections, by separfate ballot, to be indorsed '^ school trustee,'' in the same manner as the charter officers thereof, trus- tees of the said union free schools, to supply the places of those whose terms by the classification aforesaid expire. § 303. Provisions for separate elections in certain districts. 1. In union free school districts whose limits do not correspond with those of an incorporated village or city, and in which the number of children of school age exceeds three hundred, as shown by the last annual report of the board of edu- cation to the school commissioner, the qualified voters of any such district may by a vote of a majority of those present and vot- ing, at any annual meeting, or at any duly called special meeting, to be ascertained by taking and recording the ayes and noes, deter- mine that the election of the, members of the board of education shall be held on the Wednesday next following the day designated by law for holding the annual meeting of said district. 64 KEW YOKK STATE EDUCATION DEPARTMEIS^T 2. Until such determination shall be changed, such election shall be held on the Wednesday next following the day on which such annual meeting of such district shall be held between the hours of twelve o'clock noon and four o'clock in the afternoon at the principal school-house in the district, or at such other suitable place as the trustees may designate. 3. When the place of holding such election is other than at the principal school-house, the trustees shall give notice thereof by the publication of such notice, at least one week before the time of holding such election, in some newspaper published in the district, or by posting the same in three conspicuous places in the district. The trustees may, by resolution, extend the time of holding the election from four o'clock until sunset. 4. Such members of the board of education as may be present, shall act as inspectors of election. If a majority of such board shall not be present at the time of opening the polls, those mem- bers of the board in attendance miay appoint any of the legal voters of the district present, to act as inspectors in place of the absent trustees ; and if none of the board of education shall be present at the time of opening the polls, the legal voters present may choose three of their number to act as inspectors. 5. The clerk of the board of education shall attend at the elec- tion and record in a book, to be provided for that purpose, the name of each elector as he deposits his ballot. If the clerk of the board of education shall be absent, or shall be unable or refuse to act, the board of education or inspectors of election shall appoint some person who is a legal voter in the district to act in his place. Any clerk or acting clerk who shall neglect or refuse to record the name of a person whose ballot is received by the inspectors, shall be liable to a fine of twenty-five dollars, to be sued for by the supervisor of the town. 6. The board of education shall, at the expense of the district, provide a suitable box in which the ballots shall be deposited as they are received. Such ballots shall contain the names of the persons voted for, and shall designate the office for which each of said names is voted. The ballots may be either written or printed, or partly written and partly printed. The inspectors immediately after the close of the polls shall proceed to canvass the votes. They shall first count the ballots to determine if they tally with the number of names recorded by the clerk, and if they exceed that number, enough ballots shall be withdrawn to make them corre- EDUCATIOir LAW 65 spond. Such inspectors shall count the votes and announce the result. The persons having a plurality'^ of the votes respectively for the several offices shall be elected, and the clerk shall record the result of such ballot and election as announced by the inspectors. (Thus amended hy L. 1910, ch. 442, in effect Septem- ber 1, 1910.) 7. Whenever the time for holding such election, as aforesaid, shall pass without such election being held in any such district, a special election shall be called by the board of education, but if no such election be called by said board within twenty days after such time shall have passed, the school commissioner or the commissioner of education may order any inhabitant of said dis- trict to give notice of such election in the manner prescribed by section one hundred and ninety-three; and the officers elected at such special election shall hold their respective offices only until the next annual election, and until their successors are elected and shall have qualified, as in this chapter provided. 8. The foregoing provisions shall not apply to union free school districts in cities, nor to union free school districts whose bound- aries correspond with those of an incorporated village, nor to any school district organized imder a special act of the legislature, in which the time, manner and form of the election of district officers shall be different from that prescribed for the election of officers in union free school districts, organized under the general law, nor to any of the union free school districts in the counties of Suf- folk, Chenango, Warren, Erie and Saint Lawrence. § 304. Determination of election dispntes. All dis- putes concerning the validity of any district election or of any of the acts of the officers of such election shall be referred to the com- missioner of education for determination and his decision in the matter shall be final and not subject to review. The commissioner may in his discretion order a new election. § 305. Election and organization of board of edu- cation in new district xrhere union free school dis- trict containing tsxro incorporated villages is divided. 1. Within ten days after the school commissioner shall have desig- nated any separate school district organized under the provisions of sections one hundred and thirty and one hundred and thirty-one * The former law provided for a majority vote to elect. The amendment does not affect union free school districts which do not hold elections of school officers on the Wednesday following the annual meeting. 3 66 NEW YORK STATE EDUCATION DEPARTMENT of this chapter, he shall call a special meeting of the qualified voters of such school district at a time and place to be named by him to elect a board of education to consist of six members, two of whom shall be elected for one year, two for two years and two for three years from the date of the annual school meeting next succeeding such special meeting. The call for such special meetirg shall be published in the manner provided in section one hundred and thirty for calling a special meeting to determine as to whether the school district shall be divided. 2. The school commissioner shall call such special meeting to order and the voters present shall elect a chairman and secretary for such meeting and appoint three tellers to canvass the votes cast. After the votes shall have been canvassed the chairman and secretary shall forthwith certify the result of such canvass to the said school commissioner, who shall within five days thereafter convene the members of the board of education, shown by said certificate to have been elected, for the purpose of organization, and said certificate of the result of such canvass shall thereupon become a part of the record of said school district. § 306. Annual meetings of boards of education. 1. The annual meeting of the board of education of every union free school district whose limits do not correspond with those of an incorporated village or city shall be held on the first Tuesday in August of each year. 2. The annual meeting of the board of education of every union free school district whose limits correspond with those of an in- corporated village or city shall be held on the Tuesday next after the election of the members of such board at the annual charter election of the village or city. [Amended hy L. 1911, ch. 830.] § 307. Change in number of members of board of education in union free school district ivhose bound- aries are coterminous ivith those of an incorporated village or city. The number of members of the board of education of a union free school district whose limits correspond with those of an incorporated village or city, may be increased to not more than nine or decreased to not less than three in the fol- lowing manner: 1. The board of education of such union free school district, shall, upon the application of at least fifteen resident taxpayers of such district, submit to a special meeting, held at least thirty EDUCATION LAW 67 days prior to the annual charter election, in such village or city, a proposition for the increase or decrease of the number of mem- bers of the board of education to a number specified in the proposition. 2. Such special meeting shall be called and held in the manner prescribed by subdivision two of section one hundred and ninety- three of this chapter. 3. If such proposition is adopted and it is determined thereby to increase the number of members of the board of education of such district, there shall be elected at the next ensuing annual village or city election, a sufficient number of members of the board of education so that the total number of members of the board will be the number specified in such proposition. Such additional members shall be elected for such terms so that as nearly as possible the terms of one-third of the members of such board will expire annually. Successors to such additional mem- bers shall be elected in like manner. 4. If such proposition is adopted and it is determined thereby to decrease the number of the board of education in such district, no members of the board of education of such district shall there- after be elected until by expiration of term the number of mem- bers of the board of education will be less than the number speci- fied in such proposition; and thereafter the number of members of the board of education of such district shall be the number specified in such proposition. 'Not more tlian one proposition under this section shall be submitted in any calendar year. § 308. Change in number of members of board of education in union free school district whose bound- aries are not coterminous with those of an incorpo- rated village or city. 1. The number of members of the board of education of a union free school district whose limits do not correspond with those of an incorporated village or city may be increased or decreased at an annual meeting by a ma- jority vote of the qualified voters present and voting to be ascer- tained by taking and recording the ayes and noes. The number of such board shall not be increased to more than nine nor decreased to less than three. 2. "No vote shall be taken upon the proposition to increase or de crease the number of members of such board of education unless the notice of the annual meeting shall contain a statement to the effect that the voters of such district will vote upon such proposi- 68 NEW YOEK STATE EDUCATION DEPARTMENT tion. The board of education of any such district shall, upon the application of at least fifteen voters of such district, include in the notice of the annual meeting a statement that the proposition to increase or decrease such board will be presented to the annual meeting for determination. If the board refuses or fails to give such notice the notice may be given in such manner as the commis- sioner of education may direct. 3. If any such board shall consist of less than nine members and such meeting shall determine to increase the number, such meeting shall elect the additional number so determined upon and shall divide such number into three classes, the first to hold office one year, the second two years and the third three years 4. If such meeting shall determine to diminish the number of members composing such board, no election shall be held in such district to fill the vacancies of the outgoing members until the number of such members shall correspond to the number which such meeting shall determine to compose such board. § 309. "Pojxrer of removal of member of board of education. For cause shown, and after giving notice of the charge and opportunity of defense, the commissioner of educa- tion may remove any member of a board of education. Wilful disobedience of any lawful requirement of the commissioner of education, or a want of due diligence in obeying such requirement or wilful violation or neglect of duty is cause for removal. § 310. Powers and duties of boards of education. The said board of education of every union free school district shall have power, and it shall be their duty: 1. To adopt such by-laws and rules for its government as shall seem proper in the discharge of the duties required under the provisions of this chapter. 2. To establish such rules and regulations concerning the order and discipline of the schools, in the several departments thereof, as they may deem necessary to secure the best educational results. 3. To prescribe the course of study by which the pupils of the schools shall be graded and classified, and to regulate the admis- sion of pupils and their transfer from one class or department to another, as their scholarship shall warrant. 4. To prescribe the text-books to be used in the schools, and to compel a uniformity in the use of the same, pursuant to the pro- visions of this chapter, and to furnish the same to pupils out of any moneys provided for that purpose. EDUCATION LAW 69 5. To make provision for the instruction of pupils in physi- ology and hygiene with special reference to the effect of alcoholic drinks, stimulants and narcotics upon the human system. 6. To purchase sites, or additions thereto, for recreation grounds and for school-houses for the district, when designated by a meeting of the district; and to construct such school-houses, and additions thereto as may be so designated; to purchase fur- niture and apparatus for such school-houses, and to keep the fur- niture and apparatus therein in repair. 7. To hire rooms in which to maintain and conduct schools when the rooms in the school-houses are overcrowded, or when such school-houses are destroyed, injured or damaged by the ele- ments, and to fit up and furnish such rooms in a suitable manner for conducting schools therein. 8. To insure the school-houses and their furniture, apparatus and appurtenances, and the school library, in some company cre- ated by or under the laws of this state, or in some insurance com- pany authorized by law to transact business in this state, and to comply with the conditions of the policy, and raise the sums paid for premiums by district tax. 9. To take charge and possession of the school-houses, sites, lots, furniture, books, apparatus, and all school property within their respective districts ; and the title of the same shall be vested respectively in said board of education. 10. To sell, when authorized by a vote of the qualified voters of the school district, any former school site or lot, or any real estate the title to which is vested in the board, and the buildings thereon, and appurtenances or any part thereof, at such price and upon such terms as said voters shall prescribe, and to convey the same by deed to be executed by the board or a majority of the members thereof. Also to exchange real estate belonging to the district for the purpose of improving or changing school-house sites. 11. To take and hold for the use of the said schools or of any department of the same, any real estate transferred to it by gift, grant, bequest or devise, or any gift, legacy or annuity, of whatever kind, given or bequeathed to the said board, and apply the same, or the interest or proceeds thereof, according to the in- structions of the donor or testator. 12. To have in all respects the superintendence, management and control of said union free schools, and to establish therein, 70 NEW YORK STATE EDUCATION DEPAETME:s'T in conformity with the regents rules, an academic department, whenever in their judgment the same is warranted by the de- mand for such instruction ; to receive into said union free schools any pupils residing out of said district, and to regulate and estab- lish the tuition fees of such nonresident pupils in the several de- partments of said schools. 13. To provide fuel, furniture, apparatus and other necessaries for the use of said schools. 14. To appoint such librarians as they may from time to time deem necessary. 15. To contract with and employ such persons as by the pro- visions of this chapter are qualified teachers, to determine the number of teachers to be employed in the several departments of instruction in said school, and at the time of such employment to make and deliver to each teacher a written contract as required by section five hundred and sixty-one of this chaptef*. 16. To fill any vacancy which may occur in said board by reason of the death, resignation, removal from office or from the school district, or refusal to serve, of any member or officer of said board ; and the person so appointed in the place of any such mem- ber of the board shall hold his office until the next annual election of trustees. 17. To remove any member of their board for official miscon- duct. But a written copy of all charges made of such miscon- duct shall be served upon him at least ten days before the time appointed for a hearing of the same; and he shall be allowed a full and fair opportunity to refute such charges before removal 18. To provide and maintain suitable and convenient water- closets as provided in section four hundred and fifty-seven of this chapter. 19. To borrow money in anticipation of taxes remaining uncol- lected which have been levied by such district for the current fiscal year, and not in excess thereof, whenever in the discretion of the board of education it shall be necessary to do so for the purpose of paying the current expenses of the district for such current fiscal year, by issuing certificates of indebtedness, in the name of the board of education, signed by the president and clerk thereof, which certificates must be payable within such current fiscal year or within nine months thereafter, and shall bear interest at a rate not exceeding six per centum per annum. 20. To raise by tax upon the property of the district any men- EDUCATIOI^ LAW 7l eys required to jiay the salary of teachers employed after apply- ing thereto the school moneys apportioned to the district by the state. 21. To provide for the medical inspection of all children in attendance upon schools under their supervision vrhenever in their judgment such inspection shall be necessary and to pay any expense incurred therefor out of funds authorized by the voters of the district or city or which may properly be set aside for such purpose by the common council or the board of estimate and ap- portionment of a city. [Suhd. added hy L. 1910, ch. 602.] § 311. Night schools; kindergartens. The board of education of each school district and of each city may maintain : 1. Night schools and determine the courses of instruction to be given therein. Such schools shall be free to all persons residing in the district or city. 2. Kindergartens which shall be free to resident children be- tween the ages of four and six years. § 312. Appointment of superintendent of schools. 1. In any union free school district having a population of five thousand or more, which fact shall be determined by the commis- sioner of education, as provided in section four hundred and ninety-two of this chapter, the board of education may appoint a superintendent of schools. 2. Such superintendent shall be under the direction of the board of education, which shall prescribe his powers and duties. He shall be paid a salary from the teachers' fund, to be fixed by the board of education, and he may be removed from office by a vot€ of the majority of all the members of such board. Whenever such superintendent shall be appointed, the said union free school dis- trict shall be entitled to the benefits of the provisions of section four hundred *tnd ninety-two of this chapter. § 313. Regular meetings; visitation of schools. 1. It shall be the duty of each board of education elected pursuant to the provisions of this article to have a regular meeting at least once in each quarter. 2. Each board shall appoint one or more committees, to visit every school or department under its supervision and such com- mittee shall visit such schools at least twice in each quarter, and report at the next regular meeting of the board on the condition thereof. * So in original. 72 XEW YORK STATE EDUCATION DEPARTMENT 3. The meetings of all such hoards shall he open to the public, but said boards may hold executive sessions, at which sessions only the members of such boards or the persons invited shall be present. § 314. Limitation upon expenditures. ISTo board of education shall incur a district liability in excess of the amount appropriated by a district meeting unless such board is specially authorized by law to incur such liability. § 315. Deposit, custody and payment of moneys in cities and villages. 1. All moneys raised for the support of schools in any city or in any union free school district whose boundaries are coterminous with the boundaries of an incorpo- rated village or apportioned to the same by the education depart- ment or otherwise, shall be paid into the treasury of such city or village to the credit of the board of education therein; and the funds so received into such treasury shall be kept separate and distinct from any other funds received into the said treasury. And the officer having the charge thereof shall give such additional security for the safe custody thereof as the corporate authorities of such city or village shall require. 2. 1^0 money shall be drawn from such funds, credited to the several boards of education, unless in pursuance of a resolution of said board, and on drafts drawn by the president and counter- signed by the secretary or clerk, payable to the order of the per- sons entitled to receive such money, and stating on their face the purpose or service for which such moneys have been authorized to be paid by the said board of education. § 316. Moneys and accounts in union free school districts ixrhose boundaries are not the same as the boundaries of incorporated cities and villages. 1. All moneys raised in a union free school district whose limits do not correspond with those of a city or an incorporated village, or apportioned thereto by the education department or otherwise, shall be paid to the treasurer of the district entitled to receive the same, and be applied to the uses of the district and the board shall annually render their accounts of all moneys received and expended by them for the use of said schools. 2. "No money shall be drawn from such funds in possession of such treasurer, unless in pursuance of a resolution of said board, and on drafts drawn by the president and countersigned by the clerk payable to the order of the persons entitled to *reecive such EDUCATIOIS' LAW 73 money, and stating on their face the purpose or service for which said moneys have been authorized to be paid by the said board of education. § 317. Boards of education have po^vers of trus- tees of common schools and trustees of academies. The board of education shall possess all the powers and privi- leges, and be subject to all the duties in respect to the common schools, or the common school departments in any union free school in said districts, which the trustees of common schools possess or are subject to under this chapter, not specially provided for in this article, and not inconsistent with the provisions of this article; and to enjoy, whenever an academic department shall be by them established, all the immunities and privileges now en- joyed by the trustees of academies in this state. § 318. Academy may be adopted as academic de- partment. Whenever a union free school shall be established under the provisions of article five, and there shall exist within its district an academy, the board of education, when authorized by a vote of the voters of the district, may adopt such academy as the academic department of the district, with the consent of the trustees of the academy, and thereupon the trustees by a resolu- tion to be attested by the signatures of the officers of the board and filed in the office of the clerk of the county, shall declare their offices vacant, and thereafter the said academy shall be the aca- demic department of such union free school. The board of edu- cation when thereto authorized by a vote of the qualified voters of the district may lease said academy and site, and maintain the academic department of such union free school therein and thereon. § 319. Contracts with, academies. The board of edu- cation of a union free school district, with the approval of the commissioner of education, may adopt an academy as the academic department thereof, and contract for the instruction therein of pupils of academic grade, residing in the district. The academy thereupon becomes the academic department of such union free school, and the district is entitled to the same rights and privi- leges, is subject to the same duties, and the apportionment and distribution of state school money shall be made to it, as if an academic department had been established in such school. § 320. Retransf er of academy to its former trus- tees. If there shall be, in a dissolved union free school district, 74 NEW YORK STATE EDUCATION DEPARTMENT an academy which shall have been adopted as the academic de- partment of the union free school, under the provisions of title nine, chapter five hundred and fifty-five of the laws of eighteen hundred and sixty-four, and any amendment thereof, or title eight of chapter five hundred and fifty-six of the laws of eighteen hun- dred and ninety-four, and any amendment thereof, or under this chapter, it shall, upon the application of a majority of the sur- viving resident former trustees or stockholders, be transferred by the board of education to said former trustees or stockholders. § 321. Records; reports. It shall be the duty of said board to keep an accurate record of all its proceedings in books provided for that purpose. It shall be the duty of said board to cause to be published once in each year, and twenty days next before the annual meeting of the district, in at least one public newspaper, printed in such district, a full and detailed account of all moneys received by the board or the treasurer of said dis- trict, for its account and use, and of all the moneys expended therefor, giving the items of expenditure in full ; should there be no paper published in said district said board shall publish such account by notice to the taxpayers, by posting copies thereof in five public places in said district. [Thus amended by L. 1910, ch. 442, in effect September 1, 1910.] § 322. Reports to commissioner of education, l. The board of education of each district and of each city shall make such detailed report and in such form upon any matter relating to the schools under their management and control as the commissioner of education shall from time to time require. 2. Such board of education shall also mak^ an annual report giving the information relating to their schools required of trustees under section two hundred and seventy-six of this chapter. Such report shall also contain such information as the commissioner of education shall require and shall be in the form prescribed by him. Such report shall be made on the first day of August of each year and, in the case of a board of education of a union free school dis- trict, shall be delivered to the town clerk of the town in which the school-house of such district is located. § 323. Estimated expenses for ensuing year. It shall be the duty of the board of education of each district to present at the annual meeting a detailed statement in writing of the amount of money which will be required for the ensuing year for school purposes, exclusive of the public moneys, specifyinj]: the several purposes ard the amount for each. This section shall EDUCATION" LAW 75 not be construed to prevent the board from presenting such state- ment at a special meeting called for the purpose, nor from pre- senting a supplementary and amended statement or estimate at any time. § 324. Vote upon school taxes. After the presentation of such statement or estimate, the question shall be taken upon voting the necessary taxes to meet the estimated expendi- tures, and when demanded by any voter present, the question shall be taken upon each item separately, and the inhabitants may in- crease the .amount of any estimated expenditures or reduce the same, except for teachers' wages, and the ordinary contingent ex- penses of the schools. § 325. Levy of tax for certain purposes ixritliout vote. If the inhabitants shall neglect or refuse to vote the sum estimated necessary for teachers' wages, after applying thereto the public school moneys, and other moneys received or to be re- ceived for that purpose, or if they shall neglect or refuse to vote the sum estimated necessary for ordinary contingent expenses, the board of education may levy a tax for the same, in like manner as if the same had been voted by the inhabitants. § 326. Reference to commissioner of education. If any question shall arise as to what are ordinary contingent ex- penses the same may be referred to the commissioner of edu- cation, by a statement in writing, signed by one or more of each of the opposing parties upon the question, and the decision of the commissioner shall be conclusive. § 327. Corporate authorities must raise tax cer- tified by board of education. 1. The corporate authori- ties of any incorporated village or city in which any such union free school shall be established, shall have power, and it shall be their duty, to raise, from time to time, by tax, to be levied upon all the real and personal property in said city or village, as by law provided for the defraying of the expenses of its municipal government, such sum as the board of education established therein shall declare necessary for teachers' salaries and the ordi- nary contingent expenses of supporting the schools of said district. 2. The sums so declared necessary shall be set forth in a de- tailed statement in writing, addressed to the corporate authorities by the board of education, giving the various purposes of antici- pated expenditure, and the amount necessary for each; and the 76 NEW YOKK STATE EDUCATION DEPARTMENT said corporate authorities shall have no power to withhold the sums so declared to be necessary; and such corporate authorities as aforesaid shall have power, and it shall be their duty to raise, from time to time, by tax as aforesiaid, any such further sum to be set forth in a detailed statement in writing, addressed to the corporate authorities by the board of education, giving the various purposes of the proposed expenditure, and the amount necessary for each which may have been or which may hereafter be au- thorized by a majority of the voters of such union free school district present and voting at any special district meeting duly convened for any of the purposes stated in section four hundred and sixty-seven of this chapter. § 328. Application of tliis article. The provisions of this article shall apply to all union free schools heretofore or- ganized pursuant to the provisions of chapter four hundred and thirty-three of the laws of eighteen hundred and fifty-three, and the amendments thereof, chapter five hundred (and fifty-five of the laws of eighteen hundred and sixty-four, and the amendments thereof, and of chapter -^ye hundred and fifty-six of the laws of eighteen hundred and ninety-four and the amendments thereof ; and sections three hundred and twenty-seven, four hundred and sixty, four hundred and sixty-seven and four hundred and eighty of this chapter are made applicable to all school districts estab- lished by and organized under special statutes, except those of cities; and sections three hundred and ten, subdivision nineteen, three hundred and twelve and four hundred and fifty-eight of this chapter are made applicable to all school districts having a popula- tion of five thousand and upwards established by and organized under special statutes. ARTICLE 12 ToTvn Clerks Section 340. Duties of town clerks. 341. Expenses of town clerks. § 340. Duties of town clerks. It shall be the duty of the town clerk of each town: 1. To keep all books, maps, papers, and records of his office touching common schools, and forthwith to report to the school commissioner any loss or injury to the same. EDUCATION LAW 77 2. To receive from the supervisors the certificates of apportion- ment of school moneys to the town, and to record them in a book to be kept for that purpose. 3. To notify forthwith the trustees of the several school dis- tricts of the filing of each such certificate. 4. To see thrat the trustees of the school districts make and de- posit with him their annual reports within the time prescribed by law, and to deliver them to the school commissioner on demand. 5. To furnish the school commissioner of the school commis- sioner district in which his town is situated the names and post- office addresses of the school district officers reported to him by the district clerks. 6. To distribute to the trustees of the school districts all books, blanks and circulars which shall be delivered or forwarded to him by the commissioner of education or school commissioner for that purpose. 7. To receive from the supervisor, and record in a book kept for that purpose, the annual account of the receipts and disburse- ments of school moneys required to be submitted to the town auditors, together with the action of the town auditors thereon, and to send a copy of the account and of the action thereon, by mail, to the commissioner of education whenever required by him, and to file and preserve the vouchers accompanying the account. 8. To receive and to record, in the same book, the supervisor's final account of the school moneys received and disbursed by him, and deliver a copy thereof to such supervisor's successor in office. 9. To receive from the outgoing supervisor, and file and record in the same book, the county treasurer's certificate, that his suc- cessor's bond has been given and approved. 10. To receive, file and record the descriptions of the school districts, and all papers and proceedings delivered to him by the school commissioner pursuant to the provisions of this chapter. 11. To act, When thereto legally required, in the erection or alteration of a school district, as in article five of this chapter provided. 12. To receive and preserve the books, papers and records of any dissolved school district, which shall be ordered, as herein- after provided, to be deposited in his office. 13. To perform any other duty which may be devolved upon him by this chapter, or by any other act touching common schools. § 341. Expenses of town clerks. The necessary ex- penses and disbursements of the town clerk in the performance 78 NEW YORK STATE EDUCATION DEPARTMENT of his said duties, are a town charge, and shall be audited and paid as such. ARTICLE 13 Supervisors Section 360. Duties of supervisors. 361. Sale of gospel or school lots on division of town. 362. Payment of proceeds of sale of gospel or school lots. 363. Supervisor's bond for school moneys. 364. Refusal of supervisor to give bond. 365. Eeport by supervisors to county treasurer. § 360. Duties of supervisors. It is the duty of every supervisor : 1. To disburse the school moneys in his hands applicable to the payment of teachers' wages, upon and only upon the written orders of a sole trustee or a majority of the trustees, in favor of qualified teachers. But whenever the collector in any school dis- trict shall have given bonds for the due and faithful performance of the duties of his office as disbursing agent, as required by sec- tion two hundred and fifty-three or whenever any school district shall elect a treasurer as provided in this chapter, the said super- visor shall, upon the receipt by him of a copy of the bond ex- ecuted by said collector or treasurer as herein required, certified by the trustees, pay over to such collector or treasurer, all moneys in his hands applicable to the payment of teachers' wages in such district, and the said collector or treasurer shall disburse such moneys so received by him upon such orders as are specified herein to the teachers entitled to the same. 2. To pay over all the school money apportioned to a union free school district, to the treasurer of such district, upon the order of its board of education. 3. To keep a just and true account of all the school moneys received and disbursed by him during each year, and to lay the same, with proper vouchers, before the town board or board of town auditors at each annual meeting thereof. 4. To provide a bound blank book, the cost of which shall be a town charge, and to enter therein all his receipts and disburse- ments of school moneys, specifying from whom and for what pur- poses they were received, and to whom and for what purposes EDUCATIOX LAW 79 they were paid out; and to deliver the book to his successor in office. 5. To make out a just and true account of all school moneys received by him and of all disbursements thereof, within fifteen days after the termination of his office and to deliver the same to the town clerk, to be filed and recorded, and to notify his successor in office that such account has been made and filed. 6. To deliver to his predecessor the county treasurer's certifi- cate showing that he has given to such treasurer the bond required by section three hundred and sixty-three of this chapter and that such bond has been approved by such treasurer, and to procure from the town clerk a copy of his predecessor's account, and to demand and receive from him all school moneys remaining in his hands. 7. To pay to his successor upon receipt of such certificate all school moneys remaining in his hands, and to forthwith file the certificate in the town clerk's office. 8. To sue for and recover, in his name of office, when the duty is not elsewhere imposed by law, all penalties and forfeitures im- posed by this chapter, and for any default or omission of any town officer or school district board or officer under this chapter; and after deducting his costs and expenses to report the balances to the school commissioner. 9. To act, when legally required, in the erection or alteration of a school district, as provided in article five of this chapter, and to perform any other duty which may be devolved upon him by this chapter, or any other act relating to common schools. 10. To take and hold possession of the gospel and school lots of their respective towns. 11. To lease the same for such time not exceeding twenty- one years, and upon such conditions as they shall deem expedient. 12. To sell the same with the advice and consent of the in- habitants of the town, in town-meeting assembled, for such price and upon such terms of credit as shall appear to them most ad- vantageous. 13. To invest the proceeds of such sales in loans, secured by bond and mortgage upon unincumbered real property of the value of double the amount loaned. 14. To purchase the property so mortgaged uron a foreclosure, and to hold and convey the property so purchased whenever it shall become necessary. 80 I^EW YORK STATE EDUCATIOIS^ DEPARTMENT 15. To re-loan the amount of such loans repaid to them, upon the like security. 16. To apply the rents and profits of such lots, and the inter- est of the money arising from the sale thereof, to the support of schools, as may be provided by law, in such manner as shall be thus provided. llr. To render a just and true account of the proceeds of the sales and the interest on the loans thereof, and of the rents and profits of such gospel and school lots, and of the expenditure and appropriation thereof, on the last Tuesday next preceding the annual town-meeting in each year, to the town board. 18. To deliver over to his successor in ofiice, all boxes, papers and securities relating to the same, at the expiration of their respective offices. 19. To take therefor a receipt, which shall be filed in the clerk's office of the town ; and, 20. To commence and prosecute in and by the name and style of the supervisor of the town any suits against any of his prede- cessors in office or against any other person to recover any debt, dues or demands, in anywise arising from such public lot ; and no such suit shall abate by the death, resignation or removal from office of the said supervisor but the same shall and may be prose- cuted to judgment and execution by his successor in office. § 361. Sale of gospel or scliool lots on division of toivn. Whenever a town having lands assigned to it for the support of the gospel or of schools, shall be divided into two or more towns, or shall be altered in its limits by the annexing of a part of its territory to other towns, such lands shall be sold by the supervisor of the town, in which such lands were included immediately before such division or alteration ; and the proceeds thereof shall be apportioned between the towns interested therein, in the same manner as the other public moneys of towns, so divided or altered, are apportioned. § 362. Payment of proceeds of sale of gospel or scliool lots. The shares of such moneys, to which the towns shall be respectively entitled, shall be paid to the supervisors of the respective towns, and shall thereafter be subject to the pro- visions of this article. § 363. Supervisor's bond for school moneys. 1. Immediately on receiving the school commissioners' certificates of apportionment, the county treasurer shall require of each super- EDUCATION LAW 81 visor, and eacli supervisor shall give to the treasurer, in behalf of the town, his bond, with two or more sufficient sureties, approved bj the treasurer, in the penalty of at least double the amount of the school moneys set apart or apportioned to the town, and of any such moneys unaccounted for by his predecessors, conditioned for the faithful disbursement, safe-keeping and accounting for such moneys, and of all other school moneys that may come into his hands from any other source. 2. If the condition shall be broken the county treasurer shall sue the bond in his own name, in behalf of the town, and the money recovered shall be paid over to the successor of the super- visor in default, such successor having first ^giving security as aforesaid. 3. Whenever the office of a supervisor shall become vacant, the county treasurer shall require the person elected or appointed to fill such vacancy to execute a bond, with two or more sureties, to be approved by the treasurer, in the penalty of at least double the sum of the school moneys remaining in the hands of the old super- visor, when the office became vacant, conditioned for the faithful disbursement and safe-keeping of and accounting for such moneys. But the execution of this bond shall not relieve the supervisor from the duty of executing the bond first above mentioned. § 364. Refusal of supervisor to give bond. The re- fusal of a supervisor to give such security shall be a misdemeanor, and any fine imposed on his conviction thereof shall be for the benefit of the common schools of the town. Upon such refusal, the moneys so set apart and apportioned to the town shall be paid to and disbursed by some other officer or person to be designated by the county judge, under such regulations and with such safeguards as he may prescribe, and the reasonable compensation of such offi- cer or person, to be adjusted by the board of supervisors, shall be a town charge. § 365. Report by supervisors to county treasurer. On the first Tuesday of February in each year, each supervisor shall make a return in writing to the county treasurer for the use of the school commissioners, showing the amounts of school mon- eys in his hands not paid on the orders of trustees for teachers' salaries, and the districts to which they stand accredited, and if such moneys remain in his hands, he shall report that fact; and thereafter he shall not pay out any of said moneys until he shall * So in original. 82 JN^EW YORK STATE EDUCATIOX DEPARTMENT have received the certificate of the next apportionment; and the moneys so returned by him shall be reapportioned as directed in article eighteen of this chapter. ARTICLE 14 [Entire article amended by L. 1910, ch. 607.] District Superintendent of Schools; His Election, Poivers and Duties Section 380. Office of district superintendent of schools created. 381. Supervisory districts. 382. School directors. 383. Election of district superintendent. 384. Qualifications of district superintendents. 385. District superintendent must take oath of office. 386. Term of office of district superintendent. 387. Vacancies in the office of district superintendent. 388. Filling vacancy in the office of district superin- tendent. 389. Salary of district superintendent. 390. Expense of district superintendents. 391. Salary of district superintendent may be withheld. 392. Removal of district superintendent from office. 393. District superintendent not to be interested in cer- tain business or to accept rewards, et cetera. 394. District superintendents not to engage in other business. 395. General powers and duties of district superin- tendent. 396. District superintendent subject to the rules of com- missioner of education. 397. Other duties of a district superintendent. 398. Appeals from acts of district superintendent, et cetera. § 380. Office of district superintendent of schools created. The office of district superintendent of schools is hereby created to begin on the first day of January, nineteen hundred and twelve. § 381.* Supervisory districts. 1. The territory em- braced in the school commissioner districts of the state outside * This section, as amended by L. 1910, chap. 607, took effect July 1, 1910. EDUCATION LAW 83 of cities and of school districts of five thousand population or more, which employ a superintendent of schools, shall be organ- ized and divided into supervisory districts. In the formation or division of such territory into such districts no town shall be divided. The territory of such districts must be contiguous and compact and towns shall be arranged in districts so that there shall be as equal a division of the territory and number of school districts as may be practicable. 2. In a county entitled to two or more supervisory districts the school commissioner of each school commissioner district in such county and the supervisor of each town in such county shall meet at the county seat of such county on the third Tuesday in April, nineteen hundred and eleven, at ten o'clock in the forenoon and divide such county into the number of supervisory districts to which it is entitled. 3. The county clerk of such county shall give ten days' notice, in writing, of such meeting, to each of such school commissioners and supervisors. The county clerk shall also call such meeting to order at the proper hour and the school commissioners and supervisors present shall elect from their number a chairman and a clerk. 4. A copy of the proceedings of such meeting showing the su- pervisory districts formed and naming the towns composing each of such districts, certified by the chairman and clerk, shall be deposited by the clerk of such meeting in the office of the clerk of the county immediately after the close of the meeting. The county clerk on receipt of the same shall forward a certified copy thereof to the commissioner of education. 5. The number of supervisory districts into which each county shall be organized or divided is as follows : a. Hamilton, Putnam, Rockland, Schenectady, each one; b. Chemung, Fulton, Genesee, Montgomery, N'assau, Schuyler, Seneca, Yates, each two; c. Albany, Clinton, Columbia, Cortland, Essex, Greene, Liv- ingston, Niagara, Orange, Orleans, Rensselaer, Schoharie, Suf- folk, Sullivan, Tioga, Tompkins, Warren, Wyoming, each three; d. Broome, Dutchess, Franklin, Herkimer, Lewis, Madison, Monroe, Ontario, Saratoga, Ulster, Washington, Wayne, West- chester, each four; e. Allegany, Cattaraugus, Cayuga, Chenango, Erie, Onondaga, Oswego, each five; 84 ^EW YORK STATE EDUCATION DEPARTMENT f. Oliautauqua, Delaware, Jefferson, Otsego, each six; g. Oneida, Steuben, each seven; h. Saint Lawrence, eight districts. ^ § 382.^ School directors. 1. Two school directors shall be elected for each town at the general election held in the year nineteen hundred and ten. One of such directors shall be elected to serve until January one, nineteen hundred and thirteen, and the other shall be elected to serve until January one, nineteen hundred and sixteen. A director shall be elected at the general election in nineteen hundred and twelve and every fifth year thereafter and one shall be elected in nineteen hundred and fifteen and every fifth year thereafter. The term of ofiice of the directors elected in nineteen hundred and twelve and thereafter shall commence on the first day of January following their election and continue for five years. Such directors shall be elected in the same manner that town officers are elected at town meetings held at the time of a general election, and the provisions of the election law relating to the nomination and election of such town officers shall apply to the nomination and election of such directors. 2. A school director shall vacate his office by removal from the town or by filing a written resignation with the town clerk. A vacancy in the office of school director shall be filled by the town board of the town in which such vacancy exists. If the town fails to elect a director a vacancy shall be deemed to exist in such office. 3. A school director before entering upon the discharge of the duties of his office, and not later than thirty days after the date on which he was elected to office, shall take the oath of office pre- scribed by the constitution. Such oath may be taken before a justice of the peace or a notary public, and must be filed in the office of the clerk of the town. 4. A school director shall receive two dollars per day for each day's service and his necessary traveling expenses, and the town board of the town for which such director is chosen shall audit and allow the same. § 383.f Election of district superintendent. 1. The school directors of the several towns composing a supervis- ory district shall meet for organization at eleven o'clock in the forenoon on the third Tuesday in May following their election. * This section, as amended by L. 1910, chap. 607, took effect July 1, 1910. t This section, as amended by L. 1910, chap. 607, took effect April 1, 1911. educatio:n' law 85 Such meeting shall be held at a place in the supervisory district, designated by the county clerk, at least ten days previous to the date thereof. At the time the county clerk designates such place of meeting he shall also mail a notice of the time and place of such meeting to each school director of the district. The school directors present at such meeting shall organize by electing from their number a chairman, a clerk and two inspectors of election. The school directors at such meeting shall designate a place for holding future meetings. 2. The school directors of the several towns composing a supervising district shall be a board of school directors, and such board of directors shall meet at eleven o'clock in the forenoon on the third Tuesday in August, nineteen hundred and eleven, and on the third Tuesday in June every fifth year thereafter, and elect a district superintendent of schools. The clerk of such board shall give each director at least ten days' notice in writing of the hour, date and place of such meeting. 3. If such directors fail to elect a district superintendent of schools before the first day of January following the date of such meeting, and a vacancy exists in such office, the county judge shall appoint such superintendent who shall serve until the board of directors shall fill such vacancy. 4. In the election of such district superintendent the vote shall be by ballot and the person receiving a majority of all votes cast shall be elected. Each school director shall be entitled to one vote in such election. 5. The clerk of such board shall file a copy of the proceedings of each meeting and each election, certified by himself and the chairman, in the office of the clerk of the county in which such meeting or election is held within three days after the close thereof. 6. The county clerk on receipt of notice of the election of a district superintendent of schools in any supervisory district of his county shall deliver to the person elected a certificate of such election attested by his signature with the seal of the county and shall also transmit to the commissioner of education a duplicate of such certificate of election. § 384. Qualifications of district superintendents. 1. To be eligible to election to the office of district superintend- ent of schools a person must be at least twenty-one years of age, a citizen of the United States and a resident of the state, but he need not be a resident of the supervisory district for which he is 86 NEW YORK STATE EDUCATIO]^^ DEPARTMENT elected at the time of liis election. Such superintendent must, however, become a resident of the county containing the district for which he has been elected on or before the date on which his term of office begins. Failure to acquire such residence will be deemed a removal from the county. J^o person shall be ineligible on account of sex. 2. In addition thereto he must possess or be entitled to receive a certificate authorizing him to teach in any of the public schools of the state without further examination and he shall also pass an examination prescribed by the commissioner of education on the supervision of courses of study in agriculture and teaching the same. 3. A district superintendent who is removed from office shall not be eligible to election to such office in any supervisory district for a period of five years. § 385. District superintendent must take oath of office. A district superintendent of schools before entering upon the discharge of the duties of his office, and not later than five days after the date on which his term of office is to com- mence, shall take the oath of office prescribed by the constitu- tion. Such oath may be taken before a county clerk, a justice of the peace, or a notary public and must be filed in the office of the clerk of the county. § 386. Term of office of district superintendent. The district superintendents elected in nineteen hundred and eleven shall hold office until the first day of August, nineteen hundred and sixteen The full term of office of a district super- intendent of schools elected in nineteen hundred and sixteen and thereafter shall be five years and shall commence on the first day of August next after his election. A district superintendent of schools unless removed shall hold office until his successor is chosen and qualified. § 387. Vacancies in the office of district superin- tendent. The office of district superintendent of schools shall be vacant upon : 1. The death of an incumbent. 2. His removal from office by the commissioner of education. 3. His removal from the county. 4. His filing in the office of the clerk of the county his written resignation. 5. His acceptance of the office of supervisor, town clerk or trus- tee of a school district. EDUCATION LAW 87 6. His failure to take and file the oath of office as provided in this article. § 388. Filling vacancy in the office of district superintendent. Whenever a vacancy occurs it shall be filled for the remainder of the unexpired term by the board of school directors. Upon direction of the commissioner of education the clerk of the board in which the supervisory district having such vacancy is located shall immediately call a special meeting of such board for the purpose of electing a district superintendent. The provisions of this title relative to the election generally of a district superintendent of schools, including notices, filing of the proceedings and all other matters relating to such an election, shall apply to a special election to fill a vacancy in such office. § 389. Salary of district superintendent. 1. Each district superintendent shall receive an annual salary from the state of twelve hundred dollars, payable monthly by the commis- sioner of education from moneys appropriated therefor. 2. The supervisors of the towns composing any supervisory dis- trict may by adopting a resolution by a majority vote increase the salary to be paid by such district to its district superintendent. Such supervisors must thereupon file with the clerk of the board of supervisors a certificate showing the amount of such increase. The board of supervisors of each county shall levy such amount annually by tax on the towns composing such supervisory district within the county. § 390. Expense of district superintendents. The commissioner of education shall quarterly audit and allow the actual sworn expense incurred by each district superintendent of schools in the performance of his official duties, but the amount of such expense allowed shall not exceed in any year three hun- dred dollars. Such expenses shall be paid by the commissioner of education from moneys appropriated therefor.. § 391. Salary of district superintendent may be ivithheld. The commissioner of education may, whenever he is satisfied that a district superintendent of schools has per- sistently neglected to perform an official duty, withhold payment of the whole or any part of such superintendent's salary as it shall become due and he may also withhold any sum to which such superintendent shall be entitled for expenses and the amount thus withheld shall be forfeited; but said commissioner may in his discretion remit such forfeiture in whole or in part. 88 NEW YOEK STATE EDUCATION DEPARTMENT § 392. Removal of district superintendent from o£S.ce. The commissioner of education may, by an order under the seal of the education department, remove a district superin- tendent of schools from office whenever he is satisfied that such superintendent : 1. Has been guilty of immoral conduct; 2. Is incompetent to perform any official duty; or 3. Has persistently neglected or wilfully refused to perform any lawful duty imposed upon him. § 393. District superintendent not to be interested in certain business or to accept reivards, et cetera. A district superintendent of schools shall not: 1. Be directly or indirectly interested otherwise than as author in the sale, publication, or manufacture of school books, maps, charts, or school apparatus or in the sale or manufacture of school furniture or any other school or library supplies. 2. Be directly or indirectly interested in any contract made by the trustees of a school district. 3. Be directly or indirectly interested in any agency or bureau maintained to obtain or aid in obtaining positions for teachers or superintendents. 4. Directly or indirectly receive any emolument, gift, pay, re- ward or promise of pay or reward for recommending or procuring the sale, use or adoption or aiding in procuring the sale, use or adoption of any book, map, chart, school apparatus or furniture or other supplies for any school or library or for recommending a teacher or aiding a teacher in obtaining an appointment to teach. § 394. District superintendents not to engage in other business. A district superintendent of schools shall devote his whole time to the performance of the duties of his office and shall not engage in any other occupation or profession. Such time as shall not necessarily be devoted by a district superintendent of schools to the performance of the clerical and administrative work of his office shall be devoted to the visitation and inspection of the schools maintained in his supervisory district. § 395. General powers and duties of district superintendent. A district superintendent of schools shall have power and it shall be his duty : 1. To inquire from time to time into and ascertain whether the boundaries of the school districts within his supervisory district educatiojN" law 89 are definitely and plainly described in the records of the office of the proper town clerk ; and in case the record of the boundaries of any school district shall be found indefinite or defective, or if the same shall be in dispute, then to cause the same to be amended or an amended record of the boundaries to be made. All neces- sary expenses incurred in establishing such amended records shall be a charge on the district or districts affected, to be audited and allowed by the trustees thereof, on the certificate of the district superintendent. 2. To assemble all the teachers of his district by towns or other- wise on days other than legal holidays when schools are not in session, for the purpose of conference on the course of study, for reports of and advice and counsel in relation to discipline, school management and other school work, and for promoting the general good of all the schools of the district. 3. To frequently and thoroughly inspect the work done in the training classes maintained in his district and to report to the commissioner of education on the efficiency of the instruction given and the observation and practice work done by the members thereof. 4. To hold meetings of trustees and other school officers and to advise with and counsel them in relation to their powers and duties and particularly in relation to the repair, construction, heating, ventilating and lighting of schoolhouses and improving and adorning the school grounds. To especially advise trustees relative to the employment of teachers, the adoption of textbooks and the purchase of library books, school apparatus, furniture and supplies. 5. To direct the trustees of any district to make any altera- tions or repairs to the schoolhouses or outbuildings which shall, in his opinion, be necessary for the health or comfort of the pupils, but the amount which trustees shall be directed to expend in such alterations or repairs shall not exceed two hundred dollars in any one year. 6. To direct the trustees of any district to make any repairs or alterations to school furniture, or where in his opinion any furniture is unfit for use and not worth repairing, or when suf- ficient furniture is not provided, to direct that such new furniture shall be provided as he deems necessary, but the amount thus directed to be expended shall not exceed in any one year one hun- dred dollars. 90 NEW YOKK STATE EDUCATION DEPARTMENT 7. To direct the trustees of any district to abate any nuisance in or on the school grounds. 8. To condemn a schoolhouse as provided elsewhere in this chapter. 9. To examine and license teachers pursuant to the provisions of this chapter. He shall also conduct such other examinations as the commissioner of education shall direct. 10. To examine any charge affecting the moral character of any teacher residing or employed within his district, and to re- voke such teacher's certificate as elsewhere provided by this chapter. 11. To take affidavits and administer oaths in all matters per- taining to the public school system, but without charge or fee. 12. To take and report to the commissioner of education under the direction of such commissioner testimony in a case on appeal. In such a case or in any matter or proceeding to be heard or de- termined by the district superintendent, he may issue a subpoena to compel the attendance of a witness. Service of such subpoena shall be made a reasonable time before the date named therein for the hearing, by exhibiting the same to the person so served, with the signature of the district superintendent of schools attached, and by leaving a copy thereof with such person. The witness shall be entitled to receive at the time of service, the same fees as provided by law for witnesses in a court of record. Disobedience to such subpoena shall subject the delinquent to a penalty of twenty-five dollars, which shall be recovered by the county treas- urer in his name of office for the benefit of the county. 13. To exercise in his discretion any of the powers and per- form any of the duties of another district superintendent on the written request of such other superintendent, and he must exer- cise such powers and perform such duties when directed to do so by the commissioner of education. . 14. To make such investigations and to make such reports to the commissioner of education upon any matter or act as said commissioner shall from time to time request. He shall make an annual report on the first day of September in such form and giv- ing such information as the commissioner of education shall re- quire. For this purpose he shall procure the reports of trustees of school districts from the town clerks' offices and after abstract- ing the necessary contents thereof shall indorse and deposit them with a copy of his abstract in the office of the county clerk. EDUCATIOIN' LAW 91 § 396. District superintendent subject to the rules of commissioner of education. A district superintendeut shall be subject to such rules and directions as the commissioner of education shall from time to time prescribe. § 397. Other duties of a district superintendent. A district superintendent of schools shall, in addition to the duties especially conferred upon him by this title, possess and be subject to all the powers, duties and responsibilities with which a school commissioner is charged by law. § 398. Appeals from acts of district superintend- ent, et cetera. Appeals from the official acts of a district superintendent of schools or from his refusal or failure to act in any matter in which he may legally act, may be taken to the com- missioner of education. All questions in controversy relating to the election of such district superintendent or to the formation of supervisory district shall be determined by the commissioner of education on proper appeal. The provisions of article fourteen of this chapter shall apply to and govern such appeals and de- cisions therein.* ARTICLE 15 Assessment and Collection of Taxes Section 410. Assessment of taxes. 411. Property to be assessed. 412. Ascertainment of valuations. 413. Power of trustees to determine values. 414. Equalization within joint districts. 415. Assessment of vacant land. 416. Persons working land on shares and vendees in pos- session liable to taxation. 417. Liability of property of certain absentee owners. 418. Certain exemptions from tax for building school- house. 419. Right of certain tenants to charge tax to landlord. 420. Requisites and authority of collector's warrant. 421. Time for delivery of warrant to collector. 422. Jurisdiction of collector. 423. Renewals of warrants. * L. 1910, chap. 607, § 2. Sections three hundred and eighty-one and three hundred and eighty-two of this article hereby amended shall take effect on the first day of July, nineteen hundred and ten. Section three hundred and eighty-three of such 'article shall take effect on the first day of April, nineteen hundred and eleven. All other provisions of such article shall take effect on the first day of January, nineteen hundred and twelve. 92 NEW YORK STATE EDUCATION DEPARTMENT Section 424. Amendment of tax-lists. 426. Collector's notice. 426. Collector's fees. 427. ]J^otice to railroad companies of assessment and tax. 428. Payment of tax by railroad company to county treasurer. 429. Duty of collector after failure of railroad company to pay within thirty days. 430. Payment of tax by county treasurer to collector. 431. Railroad company may pay collector. 432. Trustees' right of action to recover tax. 433. Collector's return of unpaid taxes. 434. Certification by trustees of collector's return. 435. Payment of unpaid taxes from county treasury. 436. Levy by supervisors of unpaid taxes. 437. Payment before levy. 438. Proceedings for collection same as of county taxes. 439. Filing tax-list and warrant with town clerk 440. Assessment for school purposes of certain state lands. § 410. Assessment of taxes. Immediately after a tax shall have been voted by a district meeting, for a purpose arising during the current school year the trustees shall assess it, and make out the tax-list therefor, and annex thereto their warrant for its collection. Where a tax is voted at an annual school meeting for school purposes during the following school year the said trustees shall prepare their tax-list therefor and annex thereto their warrant for its collection within thirty days after August first. But they may at the same time assess two or more taxes so voted, and any taxes they are authorized to raise without such vote, and make out one tax-list and one warrant for the collection of the whole. They shall prefix to their tax-list a heading showing for what purpose the different items of the tax are levied. ^Amended hy L. 1911, ch. 830.] § 411. Property to be assessed. 1. School district taxes shall be apportioned by the trustees upon all real estate within the boundaries of the district which shall not be by law exempt from taxation, except as hereinafter provided, and such property shall be assessed to the person or corporation owning or possessing the same at the time such tax-list shall be made out. 2. The trustees shall also apportion the district taxes upon all persons residing in the district, and upon all corporations liable to EDUCATIOI^ LAW \ ^1%^, V^ taxation therein, for the personal estate owned by them and In to taxation. 3. Land lying in one body and occupied by the same person, either as owner or agent for the same principal, or as tenant under the same landlord, if assessed as one lot on the last assessment-roll of the town after revision by the assessors, shall, though situated partly in two or more school districts, be taxable in that one of them in which such occupant resides. This rule shall not apply to land owned by non-residents of the district, and which shall not be occupied by an agent, servant or tenant residing in the district. Such unoccupied real estate shall be assessed as non-resident, and a description thereof shall be entered in the tax-list. § 412. Ascertainment of valuations. The valuations of taxable property shall be ascertained, so far as possible, from the last assessment-roll of the town, after revision by the assessors ; and no person shall be entitled to any reduction in the valuation of such property, as so ascertained, unless he shall give notice of his claim to such reduction in writing to the trustees of the dis- trict before the tax-list shall be made out. § 413. Power of trustees to determine values. The trustees of a district shall ascertain the true value of the property to be taxed from the best evidence in their power, giving notice to the persons interested, and proceeding in the same manner as the town assessors are required by law to proceed in the valuation of taxable property, the hearing of grievances, and the revision of the town assessment-roll in the following cases: 1. When a reduction shall be duly claimed and where the val- uation of taxable property cannot be ascertained from the last completed assessment-roll of the town ; 2. When the valuation of such property shall have increased or diminished since the last assessment-roll of the town was com- pleted ; 3. When an error, mistake, or omission on the part of the town assessors shall have been made in the description or valuation of taxable property. § 414. Equalization witliin joint districts. When a district embraces parts of two or more tovnis, the supervisors of such tovnis shall, upon receiving a written notice from the trustees of such district, or from three or more persons liable to pay taxes upon real estate therein, meet at a time and place to be named in such notice, which time shall not be less than five or more than 94 NEAV YOKK STATE EDUCATION DEPARTMENT ten days from the service thereof, and a place within the bounds of the towns so in part embraced, and proceed to inquire and de- termine whether the valuation of real property upon the several assessment-rolls of said towns is substantially just as compared with each other. 2. If it is ascertained that such assessments are not relatively equal such supervisor shall determine the relative proportion of taxes that ought to be assessed upon the real property of the parts of such district lying in different towns, and the trustees of such district shall thereupon assess the proportion of any tax thereafter to be raised, according to the determination of such supervisors, until new assessment-rolls of the town shall be perfected and filed, using the assessment-rolls of the se^'eral towns to distribute the said proportion among the persons liable to be assessed for the same. 3. If such supervisors shall be unable to agree, they shall sum- mon a supervisor from some adjoining town who shall meet with them and unite in such inquiry and the finding of a majority shall be the determination of such meeting. 4. Such supervisors shall receive for their services three dollars per day for each day actually employed which shall be a town charge upon their respective towns. § 415. Assessment of vacant land. When any real es- tate within a district so liable to taxation shall not be occupied and improved by the owner, his servant or agent, and shall not be possessed by any tenant, the trustees of any district, at the time of making out any tax-list by which any tax shall be imposed thereon, shall make and insert in such tax-list a statement and description of every such lot, piece or parcel of land so owned by nonresidents therein, in the same manner as required by law from town assessors in making out the assessment-roll of their towns ; and if any such lot is known to belong to an incorporated company liable to taxation in such district, the name of such com- pany shall be specified, and the value of such lot or piece of land shall be set down opposite to such description, which value shall be the same that was afiixed to such lot or piece of land in the last assessment-roll of the town; and if the same was not separately valued in such roll, then it shall be valued in proportion to the valuation which was affixed in the said assessment-roll to the whole tract of which such lot or piece shall be part. EDUCATION LAW 95 § 416. Persons -working land on shares and vendees in possession liable to taxation. Any person working land under a contract for a share of the produce of such land, shall be deemed the possessor, so far as to render him liable to taxation therefor, in the district where such land is situate, and any person in possession of real property under a contract for the purchase thereof shall be liable to taxation therefor in the district where such real property is situated. § 417. Liability of property of certain absentee oivners. Every person owning or holding any real property within any school district, who shall improve and occupy the same by his agent or servant, shall, in respect to the liability of such property to taxation, be considered a taxable inhabitant of such district, in the same manner as if he actually resided therein. § 418. Certain exemptions from tax for building scbool-bouse. Every taxable inhabitant of a district who ihall have been, within four years, set off from any other district, without his consent, and shall within that period, have actually paid in such other district, under a lawful assessment therein, a district tax for building a school-house, shall be exempted by the trustees of the district where he shall reside, from the payment of any tax for building a school-house therein. § 419. Right of certain tenants to charge tax to landlord. Where any district tax, for the purpose of pur- chasing a site for a school-house, or for purchasing or building, keeping in repair, or furnishing such school-house with necessary fuel and appurtenances, shall be lawfully assessed, and paid by any person on account of any real property whereof he is only a tenant at will, or for three years, or for a less period of time, such tenant may charge the owner of such real estate with the amount of the tax so paid by him, unless some agreement to the contrary shall have been made by such tenant. § 420. Requisites and authority of collector's war- rant. The *warant for the collection of a district tax shall be under the hands of the trustees, or a majority of them, with or without their seals ; and it shall have the like force and effect as a warrant issued by a board of supervisors to a collector of taxes in the town ; and the collector to whom it may be delivered for col- lection shall be thereby authorized and required to collect from * So in original. 96 NEW YORK STATE EDUCATION DEPARTMENT every person in such tax-list named the sum set opposite to his name, or the amount due from any person specified therein, in the same manner that collectors are authorized to collect town and county taxes. § 421. Time for delivery of warrant to collector. 1. A warrant for the collection of a tax voted by the district shall not be delivered to the collector until the thirty-first day after the tax was voted. 2. A warrant for the collection of a tax authorized by law with- out a vote of the district may be delivered to the collector when- ever the same is completed. § 422. Jurisdiction of collector. Any collector to whom any tax-list and warrant may be delivered for collection may exe- cute the same in any other district or tQwn in the same county, or in any other county where the district is a joint district and composed of territory from adjoining counties, in the same man- ner and with the like authority as in the district in which the trustees issuing the said warrant may reside, and for the benefit of which said tax is intended to be collected; and the bond or sureties of any collector, given for the faithful performance of his official duties, are hereby declared and made liable for any moneys received or collected on any such tax-list and warrant. § 423. Renewals of warrants. If the sum of money, payable by any person named in such tax-lists, shall not be paid by him or collected by such warrant within the time therein limited, it shall be lawful for the trustees to renew such warrant in respect to such delinquent person ; and whenever more than one renewal of a warrant for the collection of any tax-list may become necessary in any district, the trustees may make such further renewal, with the written approval of the supervisor of any town in which a school-house of said district may be located. to be indorsed upon such warrant. § 424. Amendment of tax-lists. Whenever the trustees of any school district shall discover any error in a tax-list made out by them, they may, with the approval and consent of the commissioner of education, after refunding any amount that may have been improperly collected on such tax-list, if the same shall be required by him, amend and correct such tax-list, as directed by the commissioner, in conformity to law. §425. Collector's notice. 1. The collector, on the receipt of a warrant for the collection of taxes, shall give notice to the EDUCATIOJT LAW 97 taxpayers of the district by publicly posting written or printed, or partly written and partly printed, notices in at least three pub- lic places in such district, one of which shall be on the outside of the front door of the school-house, stating that he has received such warrant and will receive all such taxes as may be voluntarily paid to him within thirty days from the time of posting said notice. 2. Such collector shall also give a like notice, either personally or by mail, at least twenty days previous to the expiration of the thirty days aforesaid, to the president, secretary, general or di- vision superintendent, or manager of any canal or pipe line, assessed for taxes upon the tax-list delivered to him with the aforesaid warrant. 3. Such collector shall also give a like notice to all nonresident taxpayers on said list whose tax amounts to one dollar or more and whose residence or post-office address may be known to such col- lector, or may be ascertained by him upon inquiry of the trustees and clerk of his district. 4. 'No school collector shall be entitled to recover from any rail- road corporation, canal company or pipe line, or nonresident tax- payer more than one per centum fees on the taxes assessed against such corporation or nonresident, unless such notice shall have been given as aforesaid ; and in case the whole amount of taxes shall not be so paid in, the collector shall forthwith proceed to collect the same. § 426. Collector's fees. The collector shall receive for his services on all sums paid in as aforesaid, one per centum, and upon all sums collected by him, after the expiration of the time mentioned, five per centum, except as hereinbefore provided; and in case a levy and sale shall be necessarily made by such col- lector, he shall be entitled to traveling fees, at the rate of ten cents per mile, to be computed from the school-house in such dis- trict. § 427. Notice to railroad companies of as»essin^nt and tax. 1. It shall be the duty of the school collector in each school district in this state, within five days after the receipt by such collector of any and every tax or assessment roll of his dis- trict, to prepare and deliver to the county treasurer of the county in which such district, or the greater part thereof, is situated, a statement showing the name of each railroad company, appearing 4 98 NEW YORK STATE EDUCATIOJN^ DEPARTMENT in said roll, the assessment against each of said companies for real and personal property respectively, and the tax against each of said companies. 2. It shall thereupon be the duty of such county treasurer, im- mediately after the receipt by him of such statement from such school collector, to notify the ticket agent of any such railroad company assessed for taxes at the station nearest to the office of such county treasurer, personally or by mail, of the fact that such statement has been filed with him by such collector, at the same time specifying the amount of tax to be paid by such railroad company. § 428. Payment of tax by railroad company to county treasurer. Any railroad company heretofore organ- ized, or which may hereafter be organized, under the laws of this state, may within thirty days after the receipt of such statement by such county treasurer, pay the amount of tax so levied or as- sessed against it in such district and in such statement mentioned and contained with one per centum fees thereon, to such county treasurer, who is hereby authorized and directed to receive such amount and to give proper receipt therefor. § 429. Duty of collector after failure of railroad company to pay ivithin thirty days. In case any rail- road company shall fail to pay such tax within said thirty days, it shall be the duty of such county treasurer to notify the collector of the school district in which such delinquent railroad company is assessed, of its failure to pay said tax, and upon receipt of such notice it shall be the duty of such collector to collect such unpaid tax in the manner now provided by law together with five per centum fees thereon; but no school collector shall collect by dis- tress and sale any tax levied or assessed in his district upon the property of any railroad company until the receipt by him of such notice from the county treasurer. § 430. Payment of tax by county treasurer to col- lector. The several amounts of tax received by any county treasurer in this state, under the provision^ of the last three sections, of and from railroad companies, shall be by such countv treasurer placed to the credit of the school district for or on ac- count of which the same was levied or assessed, and on demand paid over to the school collector thereof, and the one per centum fees received therewith shall be placed to the credit of, and on demand paid to, the school collector of such school district. EDUCATIQ]^ LAW 99 § 431. Railroad company may pay collector. Noth- ing in the last four sections contained shall be construed to hinder, prevent or prohibit any railroad company from paying its school tax to the school collector direct, as provided by law. § 432. Trustees' right of action to recover tax. Whenever any sum of money payable by any person named in such tax-list, shall not be paid by such person, or collected by such warrant within the time therein limited, or the time limited by any renewal of such warrant; or in case the property assessed be real estate belonging to an incorporated company, and no goods or chattels can be found whereon to levy the tax, the trustees may sue for and recover the same in their name of office. § 433. Collector's return of unpaid taxes. If any tax on real estate placed upon the tax-list and duly delivered to the collector, or the taxes upon nonresident stockholders in banking associations organized under the laws of congress, shall be unpaid at the time the collector is required by law to return his warrant, he shall deliver to the trustees of the district an account of the taxes remaining due, containing a description of the lands upon which such taxes were unpaid as the same were placed upon the tax-list, together with the amount of the tax so assessed, and upon making oath before any justice of the peace or judge of a court of record, notary public or any other officer authorized to administer oaths, that the taxes mentioned in any such account remain unpaid, and that, after diligent efforts, he has been unable to collect the same, he shall be credited by said trustees with the amount thereof. § 434. Certification by trustees of collector's re- turn. Upon receiving any such account from the collector, the trustees shall compare it with the original tax-list, and if they find it to be a true transcript they shall add to such account their certificate to the effect that they have compared it with the original tax-list and found it to be correct, and shall immediately transmit the account, affidavit and certificate to the treasurer of the county. § 435. Payment of unpaid taxes from county treasury. Out of any moneys in the county treasury, raised for contingent expenses, or for the purpose of paying the amount of the taxes &o returned unpaid, the treasurer shall pay to the district treasurer, if there be such an officer, otherwise to the col- lector, the amount of the taxes so returned as unpaid, and if there 100 NEW YOEK STATE EDUCATIOIS' DEPARTMENT are no moneys in the treasury applicable to snch purpose, the board of supervisors, at the time of levying said unpaid taxes, as provided in the next section, shall pay to the district treasurer, if there be such an officer, otherwise to the collector of the school district the amount thereof, by voucher or draft on the county treasurer, in the same manner as other county charges are paid, and the collector shall be again charged therewith by the trustees. {Thus amended by L. 1910, ch. 284, in effect May 13, 1910.) § 436. Levy by supervisors of unpaid taxes. Such account, affidavit and certificate shall be laid by the county treas- urer before the board of supervisors of the county, who shall cause the amount of such unpaid taxes, with seven per centum of the amount in addition thereto, to be levied upon the lands upon which the same were imposed; and if imposed upon the lands of any incorporated company, then upon such company; and when collected the same shall be returned to the county treasurer to re- imburse the amount so advanced, with the expenses of collection. § 437. Payment before levy. Any person whose lands are included in any such account may pay the tax assessed thereon, with five per centum added thereto, to the county treas- urer, at any time before the board of supervisors shall have di- rected the same to be levied. § 438. Proceedings for collection same as of county taxes. The same proceedings in all respects shall be had for the collection of the amount so directed to be raised by the board of supervisors as are provided by law in relation to the county taxes ; and, upon a similar account, as in the case of county taxes of the arrears thereof uncollected, being transmitted by the county treasurer to the comptroller, the same shall be paid on Ms warrant to the treasurer of the county advancing the same ; •and the amount so assumed by the state shall be collected for its benefit, in the manner prescribed by law in respect to the arrears of county taxes upon land of nonresidents; or if any part of the amount so assumed consisted of a tax upon any incorporated company, the same proceedinsrs may also be had for the collec- tion thereof as provided by law in respect to the county taxes assessed upon such company. § 439. Filing tax-list and warrant witb town clerk. Within fifteen days after any tax-list and warrant shall have been returned by a collector to the trustees of any school district, the trustees shall deliver the same to the town clerk of the town EDUCATIOiq' laV v; /> ; ^^:r:;;^>,^;;?)i in whicli the collector resides, and said town clerk -shall file the same in Ms office. § 440. Assessment for school purposes of certain state lands. 1. The board of education of union free school district number one, town of Dannemora, in the county of Clinton, shall hereafter assess the property owned by the state and situate within the boundaries of said district, exclusive of the improve- ments erected thereon by the state at the same valuation as other lands in said district are assessed, and the comptroller shall here- after pay to the school authorities of such district the amount of taxes levied upon the land of the state for school purposes in such district by virtue of this section, out of any moneys hereafter appropriated by the legislature for the payment of assessments for local improvements on property owned by the state. 2. The local school authorities of union free school district num- ber two of the town of Wawarsing, Ulster county, districts numbers six and eight of the town of Dover, Dutchess county, and of school districts in the county of Rockland shall hereafter assess the lands owned by the state of 'New York and situate within the boundaries of said districts, exclusive of the improvements, if any, erected thereon by the state, at the same valuation as similar lands of individuals in said districts are assessed and the comptroller shall hereafter credit to the treasurer of the county wherein such lands are situated the amount of taxes levied upon the lands of the state therein for school purposes from taxes payable by said county treasurer each year to the state for state taxes levied and assessed upon the taxable property of the towns in which such districts are located and upon the adjustment of such taxes so made, the said county treasurer shall pay to the collector of taxes of the school districts in which such lands are situated the amount of such taxes as allowed and so paid by the state. [Amended hy L. 1911, ch. 593.] 3. After a tax has been voted by a district meeting in a district specified in the preceding subdivision, in which there is land ov^ied by the state and the trustees have made the assessment and their tax-list therefor, such trustees shall immediately file in the office of the comptroller a duly verified copy of such tax list, which in addition to the other matters now required by law shall state which are lands belonging to the state. The comptroller shall within thirty days after the receipt of such list and after hearing the trustees, if they or any of them so desire, correct or reduce any l^r|/i %i|f|jY^ 3fO|t?>,ST4TE EDUCATION DEPARTMENT assessment of state lands which may be in his judgment an unfair proportion to the remaining assessment of land within the dis- trict, and shall in other respects approve the assessment and com- municate such approval to the trustees. No such assessment of state lands shall be valid for any purpose until the amount of tbe assessment is approved by the comptroller. ARTICLE 16 School Building's and Sites Section 450. No school-house shall be built on town line. 451. Plans and specifications of *new school buildings must be approved by commissioner of education. 452. Halls, doors, stairways, staircases, etc. 453. Fire escapes. 454. Use of school buildings for examinations and institutes. 455. Use of school-house out of school hours. 456. Condemnation of school-house and erection of new school-house in place thereof. 457. Provision for outbuildings. 458. When board of education may designate site without vote of district. 459. Change of site. 460. Site, how designated. 461. Sale of former school-house or site. 462. Application of proceeds of sale. 463. Acquisition of real property. 464. When owner's consent necessary. 465. Vesting of title of lands in certain cases. 466. Application to certain districts. 467. School taxes and school bonds. § 450. No school-liouse shall be built on toivn line. No school-house shall be built so as to stand on the division line of any two towns. § 451. Plans and specifications of school buildings must be approved by commissioner of education. 1. No school-house shall hereafter be erected, repaired, enlarged or remodeled in a city of the third class or in a school district, at an * So in original. EDUCATIOISr LAW 103 expense which shall exceed five hundred dollars, until the plans and specifications thereof shall have been submitted to the com- missioner of education and his approval indorsed thereon. Such plans and specifications shall show in detail the ventilation, heat- ing and lighting of such buildings. 2. The commissioner of education shall not approve the plans for the erection of any school building or addition thereto or remodeling thereof unless the same shall provide a. At least fifteen square feet of floor space and two hundred cubic feet of air space for each pupil to be accommodated in each study or recitation room therein. b. For assuring at least thirty cubic feet of pure air every minute per pupil, and c. The facilities for exhausting the foul or vitiated air therein shall be positive and independent of atmospheric changes. 3. ^o tax voted by a district meeting or other competent authority in any such city, or school district exceeding the sum of five hundred dollars, shall be levied by the trustees until the commissioner of education shall certify that the plans and speci- fications for the same comply with the provisions of this section. § 452. Halls, doors, stairivays, staircases, etc. 1. All school -houses for which plans and detailed statements shall be filed and approved, as required by the preceding section shall have all halls, doors, stairways, seats, passage-ways and aisles and all lighting and heating appliances and apparatus arranged to facilitate egress and afford adequate protection in cases of fire or accident. 2. All exit doors shall open outwardly, and shall, if double doors be used, be fastened with movable bolts operated simul- taneously by one handle from the inner face of the door. 3. ^o staircase shall be constructed with winder steps in lieu of a platform but shall be constructed with straight runs, changes in direction being made by platforms. Ko door shall open im- mediately upon a flight of stairs, but a landing at least the width of the door shall be provided between such stairs and such doorway. § 453. Fire escapes. 1. All school buildings in the state, except in the city of N^ew York, which are more than two stories high, shall have properly constructed stairways on the outside thereof, with suitable doorways leading thereto, from each story above the first, for use in case of fire. Such stairways shall be 104 N:EW YORK STATE EDUCATION DEPARTMENT kept in good order and free from obstruction, and shall not be bolted or locked during school hours. 2. It shall be the duty of the trustee or board of education having charge of said school buildings to cause such stairways to be constructed and maintained, and the reasonable and proper cost thereof shall in each case be a legal charge upon the district or city, and shall be raised by tax, as other moneys are raised for school purposes. § 454. Use of school buildings for examinations and institutes. 1. The use of a school building shall be granted for any examination or teachers institute appointed by the commissioner of education upon the request of the school com- missioner in whose school commissioner district or the superin- tendent of the city in which such building is located or upon the direction or order of such commissioner of education. 2. Ko charge shall be made therefor except when such building is used for a teachers institute, in which case a reasonable allow- ance may be made to said district or city for lighting, heating and janitor service, provided always that due and proper care shall be maintained and the school building be left in such con- dition as found in relation to cleanliness and neatness. § 455. Use of school-house out of school hours. The trustees may permit the school-house, when not in use for the dis- trict school, to be used by persons assembling therein for the pur- pose of giving and receiving instruction in any branch of education or learning, or In the science or practice of music. § 456. Condemnation of school-house and erection of new school-house in place thereof. 1. A school com- missioner may make an order condemning a school-house, if he finds upon examination that such school-house is wholly unfit for use and not worth repairing. He shall deliver such order to a trustee of the district and transmit a copy thereof to the commis- sioner of education. He shall also state in such order the date on which it shall take effect and the sum which in his opinion will be necessary to erect a school building suitable to the needs of the district. 2. Immediately upon the receipt of said order, the trustees of such district shall call a special meeting of the voters of said district, to consider the question of building a new school-house therein. Such meeting shall have power to determine the size of said school-house, the material to be used in its erection, and to EDUCATION LAW 105 vote a tax to build the same. But such meeting shall have no power to reduce the estimate made by the commissioner aforesaid by more than twenty-five per centum of such estimate. 3. And where no tax for building such school-house shall have been voted by such district within thirty days from the time of holdino- the first meeting to consider the question, it shall be the duty of the trustees of such district to contract for the building of a school-house capable of accommodating the children of the district, and to levy a tax to pay for the same, which tax shall not exceed the sum estimated as necessary by the commissioner aforesaid, and which shall not be less than such estimated sum by more than twenty-five per centum thereof. But such estimated «nm may be increased at any subsequent school meeting legally held in the district. § 457. Provision for outbuildings. 1. The trustees in the several school districts shall provide at least two suitable and convenient water-closets or privies for each of the schools under their charge, which shall be entirely separated each from the other, and have separate means of access, and approaches thereto separated by a substantial close fence not less than seven feet in height. It shall also be the duty of trustees to keep such out buildings in a clean and wholesome condition. 2. The board of education of each union free school district and of a city shall provide and maintain at least two suitable and convenient water-closets or privies for each of the schools under their charge, and in conformity with the provisions of this section. 3. Any expense incurred by the trustees of a common school district in carrying out the requirements of this section shall be a charge upon the district, when such expense shall have been authorized by the school commissioner within whose district the school house is located, and a tax may be levied therefor without a vote of the school district. Any expense incurred by the board of education in carrying out the foregoing provisions shall be a charge upon the district or city and payable out of any of the contingent funds thereof; and a tax may be levied therefor with- out a vote of the district. 4. A failure on the part of the trustees or a board of education to comply with the provisions of this section shall be sufficient grounds for their removal from office and for withholding from the district or city its share of the public moneys of the state. 106 IsEW YORK STATE EDUCATION DEPARTMENT § 458. Wlien board of education may designate site without vote of district. A board of education in a union free school containing a population of five thousand or more may, without a vote of the qualified voters of said district, designate sites or additions thereto for school-houses. § 459. Change of site. ^N^o site of a school-house shall be changed unless a majority of the legal voters present and voting at a district meeting shall adopt a resolution designating a new site and describing such site by metes and bounds. Such resolu- tion shall be adopted either by ballot or taking and recording the ayes and noes. § 460. Site, how designated. The desigTiation of a site by any school district meeting shall be by written resolution con- taining a description thereof by metes and bounds, and such reso- lution must receive the assent of a majority of the qualified voters present and voting at said meeting, to be ascertained by taking and recording the ayes and noes, or by ballot. § 461. Sale of former school-house or site. 1. When- ever the site of a school-house shall have been changed, as herein provided, the inhabitants of a district entitled to vote, lawfully assembled at any district meeting, shall have power, by a majority of the votes of those present, to direct the sale of the former site or lot, and the buildings thereon and appurtenances or any part thereof, at such price and upon such terms as they shall deem proper; and any deed duly executed by the trustees of such district, or a majority of them, in pursuance of such direction, shall be valid and effectual to pass all the estate or interest of such school district in the premises. 2. When a credit shall be directed to be given upon such sale for the consideration money, or any part thereof, the trustees are hereby authorized to take in their corporate name such security by bond and mortgage, or otherwise, for the payment thereof, as they shall deem best, and shall hold the same as a corporation, and account therefor to their successors in office and to the district, in the manner they are now required by law to account for moneys received by them; and the trustees of any such district and their successors may, in their name of office, sue for and recover the moneys due and unpaid upon any security so taken by them or their predecessors. § 462. Application of proceeds of sale. All moneys arising from any sale made in pursuance of the last preceding EDUCATION LAW 107 section, shall bo applied to the expenses incurred in procuring a new site, and in removing or erecting thereon a school-house, and improving and furnishing such site and house, and their appur- tenances, so far as such application shall be necessary; and the surplus, if any, shall be devoted to the purchase of school ap- paratus and the support of the school, as the voters of the district at any meeting shall direct. § 463. Acquisition of real property. Keal property may be acquired for school purposes in any school district and in any city except a city of the first or second class as follows: 1. By gift, grant, devise or purchase. 2. By condemnation, if an agreement cannot be made with the owner for the purchase thereof. Such proceedings shall be insti- tuted and conducted by the trustee or board of education, in the name of the district under the provisions of the condemnation law. 3. This section does not permit the acquisition by condemna- tion of less than the whole of a city or village lot with the erec- tions and improvements thereon. § 464. When owner's consent necessary. The fol- lowing property cannot be acquired without the consent of the owner : 1. A homestead occupied as such by the owner, except such portion thereof as may appear to the court to be unnecessary for the reasonable use and enjoyment of the homestead. 2. A garden, orchard or any part thereof, not within a city, which has existed for a period of one year prior to the beginning of the condemnation proceedings. 3. A yard or inclosure, or any part thereof, necessary to the use or enjoyment of buildings. 4. Fixtures or erections for the purpose of trade or manufac- ture, which have existed for a period of one year prior to the be- ginning of the condemnation proceedings. [Amended hy L. 1911, ch. 782.] § 465. Vesting of title of lands in certain cases. Boards of education in cities of the third class are hereby clothed with all the powers of trustees, and the title to any and all lands acquired in any city under the provisions of section four hundred and sixty-three of this chapter shall vest in the board of educa- tion thereof, or such other corporate body as is by law vested with the title to the school lands in such city. But nothing herein 108 NEW YOEK STATE EDUCATION DEPARTMENT contained shall be construed to limit or circumscribe the powers and duties heretofore lodged in such board of education by law. § 466. Application to certain districts. The pro- vision of section four hundred and sixty-three of this article shall apply to union free school districts and to districts organized under special laws; and the trustees of such districts and the boards of education organized under special laws shall be and are hereby clothed with all the powers vested in trustees in the three preceding sections. § 467. School taxes and school bonds. 1. A majority of the voters of any school district, present at any annual or special district meeting, duly convened, may authorize such acts and vote such taxes as they shall deem expedient for making additions, alterations, repairs or improvements to the sites or buildings belonging to the district, or for the purchase of other sites or buildings or for a change of sites or for the erection of new buildings, or for buying apparatus, or fixtures, or for paying the wages of teachers and the necessary expenses of the school, or for such other purpose relating to the support and welfare of the school as they may, by resolution, approve. 2. On all propositions arising at said meetings involving the expenditure of money, or authorizing the levy of a tax in one sum or by instalments, the vote thereon shall be by ballot, or ascertained by taking and recording the ayes and noes of such qualified voters attending and voting at such meetings; and they may direct the moneys so voted to be levied in one sum, or by instalments. 3. 'No addition to or change of site or purchase of a new site or tax for the purchase of any new site or structure, or for the purchase of an addition to the site of any school-house, or for building any new school-house or for the erection of an addition to any school-house already built, shall be voted at any such meet- ing in a union free school district unless a notice by the board of education stating that such tax will be proposed, and specifying the object thereof and the amount to be expended therefor, shall have been given in the manner provided herein for the notice of an annual meeting. In a common school district the notice of a special meeting to authorize any of the improvements enumerated in this section shall be given as provided in section one hundred and ninetv-seven. EDUCATION' LAW 109 4. And whenever a tax for any of the objects hereinbefore specified shall be legally voted the board of trustees or board of education shall make out their tax list, and attach their war- rant thereto, in the manner provided in article fifteen of this chapter, for the collection of school district taxes, and shall cause such taxes or such instalments to be collected at such times as they shall become due. 5. No vote to raise money shall be rescinded, nor the amount thereof be reduced at any subsequent meeting, unless it be an adjourned meeting or a meeting called by regular and legal notice, which shall specify the proposed action, and at which the vote upon said proposed reduction or rescinding shall be taken by ballot or by taking and recording the ayes and noes of the qualified voters attending and voting thereat. ARTICLE 17 School District Bonds § 480. Issuance of scliool district bonds. 1. For the purpose of giving effect to the provisions of section four hundred and sixty-seven of this chapter, trustees or boards of education are hereby authorized, whenever a tax shall have been voted to be collected in instalments for the purpose of building a new school- house or building an addition to a school-house, or making addi- tions, alterations or improvements to buildings or structures belonging to the district or city, or for the purchase of a new site or for an addition to a site, to borrow so much of the sum voted as may be necessary at a rate of interest not exceeding six per- centum, and to issue bonds or other evidences of indebtedness; therefor, which shall be a charge upon the district, and be paid at maturity, and which shall not be sold below par. 2. Notice of the time and place of the sale of such bonds shall be given by the trustees or board of education at least ten days prior thereto by publication twice in two newspapers, if there be two, or in one newspaper if there be but one published in such district. But if no newspaper shall then be published therein, the said notice shall be posted in at least ten of the most public places in said district ten days before the sale. 3. It shall be the duty of the trustees or the persons having charge of the issue or payment of such indebtedness, to transmit a statement thereof to the clerk of the board of supervisors of the 110 NEW YORK STATE EDUCATION DEPARTMENT county in which such indebtedness is created, annually, on or before the first day of November. 4. When such bonds are sold by a union free school district whose boundaries are the same as the boundaries of an incorpo- rated village or city, such bonds shall be signed by the president and clerk of the board of education and delivered to the treasurer of such village or city who shall countersign them and give notice of the sale thereof in like manner as is provided for the notice of sale of bonds in subdivision two of this section. The proceeds of the sale of such bonds shall be paid into the treasury of said incorporated village or city, to the credit of the board of education. 5. When such bonds are sold by a common school district the payment or collection of the last instalment shall not be extended beyond twenty years from the time such vote was taken. ARTICLE 18 School Moneys Section 490. When apportioned and how applied. 491. Apportionment of moneys appropriated for the sup- port of common schools. 492. Conditions under which cities and districts are en- titled to an apportionment from the appropria- tion for the support of common schools. 493. Apportionment of moneys appropriated to cities, academies, academic departments and school libraries. 494. Manner of certifying and paying apportionment provided for in preceding section. 495. County treasurers to render annual report. 496. Certificate of apportionment by commissioner of education. 497. Moneys apportioned, when payable. 498. Apportionment of school moneys by school commis- sioners. 499. Duty of and payment to supervisor. 500. Power of comptroller to withhold payment of school moneys. 501. Union free scliool district and city, a school district. 602. Apportionment for support of training classes. EDUCATION LAW 111 § 490. When apportioned and lioiv applied. The amount annually appropriated by the legislature for the support of common schools shall be apportioned by the commissioner of education on or before the twentieth day of January in each year as hereinafter provided; and all moneys so apportioned shall be applied exclusively to the payment of teachers' salaries. § 491. Apportionment of moneys appropriated for tlie support of common schools. After setting apart there- from for a contingent fund not more than ten thousand dollars, the commissioner of education shall apportion the money appro- priated for the support of common schools: 1. To each city and to each union school district which has a population of five thousand and which employs a superintendent of schools, eight hundred dollars. This shall be known as a super- vision quota. 2. To each district having an assessed valuation of twenty thousand dollars or less, two hundred dollars. 3. To each district having an assessed valuation of forty thou- sand dollars or less, but exceeding twenty thousand dollars, one hundred and seventy-five dollars. 4. To each district having an assessed valuation of sixty thou- sand dollars or less, but exceeding forty thousand dollars, and to each Indian reservation for each teacher employed therein for a period of one hundred and sixty days or more, one hundred fifty dollars. 5. To each of the orphan asylums which meet the conditions mentioned in article thirty-five of this chapter, one hundred and twenty-five dollars. 6. To each of the remaining districts and to each of the cities in the state one hundred twenty-five dollars. The apportionment provided for by subdivisions two, three, four, five and six shall be known as district quotas. <. 7. To each such district, city and orphan asylum for each addi- tional qualified teacher and his successors by whom the common schools have been taught during the period of time required by law, one hundred dollars. The apportionment provided for by this subdivision shall be known as the teacher's quota. 8. To a school district which has failed to maintain school for one hundred sixty days or which has employed an extra teacher for a shorter period than one hundred sixty days such part of a district or teacher's quota as seems to him equitable when the 112 N:EW YORK STATE EDUCATION DEPARTMENT reason for such failure is in his judgment sufficient to warrant such action. 9. To each separate neighborhood such sum as in his opinion it is equitably entitled to receive upon the basis of distribution establishecl by this article. 10. All errors or omissions in the apportionment whether made by the commissioner of education or by the school commissione? shall be corrected by the commissioner of education. Whenever a school district has been apportioned less money than that to which it is entitled the commissioner of education may allot to such district the balance to which it is in his judgment entitled and the same shall be paid from the contingent fund. Whenever a school district has been apportioned more money than that to which it is entitled the commissioner of education may, by an order under his hand, direct such moneys to be paid back into the hands of the county treasurer by him to be credited to the school fund, or he may deduct such amount from the next apportionment to be made to said district. 11. The commissioner of education may also in his discretion excuse the default of a trustee or a board of education in employ- ing a teacher not legally qualified, legalize the time so taught and authorize the payment of the salary of such teacher. § 492. Conditions under whicli cities and districts are entitled to an apportionment from the appro- priation for tlie support of common schools. 1. The commissioner of education shall make no allotment of a super- vision quota to any city or district unless satisfied that such city or district employs a competent superintendent whose time is exclusively devoted to the supervision of the public schools of such city or district; nor shall he make any allotment to any district in the first instance without first causing an enumeration of the inhabitants to be made which shall show the population thereof to be at least five thousand, the expense of such enumera- tion, as certified by said commissioner, shall be paid by the dis- trict in whose interest it is made. The population shown by the last state or federal census or village enumeration may be ac- cepted by said commissioner whenever the village and school dis- trict boundaries coincide. 2. No district shall be entitled to any portion of such school moneys on such apportionment unless the report of the trustee for the preceding school year shall show that a common school was EDUCATION LAW 113 supported in the district and taught by a qualified teacher or by successive qualified teachers for at least one hundred and sixty days, inclusive of legal holidays that may have occurred during the term of said school and exclusive of Saturdays. 4. 'No Saturday shall be counted as part of said one hundred sixty days of school and no school shall be in session on a legal holiday, except general election day, Columbus day, Washing- ton's birthday and Lincoln's birthday. A deficiency not exceed- ing three weeks during any school year caused by a teacher's at- tendance upon a teacher's institute within a county, shall be ex- cused by the commissioner of education. § 493. Apportionment of moneys appropriated to cities, academies, academic departments and school libraries. The commissioner of education shall apportion the money annually appropriated for the support of cities, academies, academic departments and school libraries in accordance with regulations established or to be established by him as follows: 1. To each city, union school district and nonsectarian academy maintaining an academic department, a quota of one hundred dol- lars for each such academic department maintained therein. This apportionment shall be known as the academic quota. 2. To each *monsectarian private academy an allowance equal to the amount raised from local sources but not to exceed two hun- dred fifty dollars annually for approved books, standard pictures and apparatus. 3. To each city an allowance equal to the amount raised from local sources but not to exceed eighteen dollars and two dollars additional for each duly licensed teacher employed therein for the legal term, and two hundred fifty dollars for each academic de- partment maintained by it for approved books, standard pictures and apparatus. 4. To each union free school district maintaining an academic department an allowance equal to the amount raised from local sources, but not to exceed two hundred sixty-eight dollars annu- ally and two dollars additional for each teacher employed in said district for the legal term for approved books, standard pictures and apparatus. 5. To all other school districts an allowance equal to the amount raised from local sources but not to exceed eighteen dollars annu- ally and two dollars additional for each duly licensed teacher • So in original. 114 A'EW YORK STATE EDUCATION DEPARTMENT employed in said district for the legal term for approved books, geographical maps and a globe. 6. To each city and union school district maintaining an academic department, twenty dollars per year for at least thirty- two weeks' instruction or a proportionate amount if for eight weeks or more for each nonresident pupil attending the academic department of such school from districts not maintaining such aca- demic departments and who shall be admitted to such academic department without other expense for tuition than that provided herein. But pupils residing in districts not maintaining a four- year curriculum may be included in this apportionment after having completed the course of study prescribed for the school in the district in which they reside. In the apportionment to cities whose customary charge for non-resident pupils is greater than the sum provided by this subdivision, the commissioner of edu- cation may permit the sum so apportioned to be applied upon such customary charge for such non-resident pupils, provided the bal- ance of such customary charge shall be assumed by the school district in which such non-resident pupil is resident, and the pay- ment thereof shall have been provided for at a school district meeting held in such district. 7. After the payment of the allowances herein provided for the balance shall be divided among the several cities, school districts and academies maintaining academic departments on the basis of aggregate days' attendance of academic pupils therein. 8. The commissioner shall set aside at the beginning of the fiscal year a sum which in his opinion will be sufficient to pay the allowances for books and apparatus herein provided before making the other apportionments as directed by this article. The allowance for books and apparatus shall be apportioned and paid as often during each year as the commissioner may determine. All other apportionments above provided for shall be made so far as possible during the month of October each year on the basis of the reports of the previous year. 9. To entitle a city, academy, academic department or school library to an apportionment from this fund the school authorities having control must render a satisfactory report for the preceding year to the commissioner of education before the twentieth day of September in each year unless such neglect is excused by the commissioner for sufficient reason. They must also have complied with all regents' laws and ordinances during the preceding aca- demic year. EDUCATIO]^^^ LAW 115 § 494. Manner of certifying and paying apportion- ment provided for in preceding section. Payment from this fund shall be made to the county treasurer of each county for all schools located in such county, by the state treasurer on the warrant of the comptroller or the certificate of the commissioner of education. The commissioner of education immediately after making an apportionment shall certify to the county treasurer of every county included in such apportionment, excepting those counties included within the territory of the city of Isew York, with respect to his county, the name of each academy, the number of each school district and the town in which it is situated and the name of each city to which money has been allotted and the amount allotted to each. The county treasurer shall, upon the receipt of such certificate and payment from the state treasurer, pay to the treasurer, if there be one, otherwise to the disbursing officer or collector of each school district, academy and city named in the certificate of the commissioner of education, the amount to which said district, academy or city is entitled as shown by such certificate. Any apportionment which shall be made to the city of ^ew York shall be certified and paid to the chamberlain of the city of New York, and any apportionment which shall be made to any private academy situated within the territory of the city of New York, shall be certified and paid directly to the disbursing officer of the academy to which the apportionment is made. § 495. County treasurers to render annual report. The county treasurers of the state shall, upon the first day of October of each year and at such other times as the commis- sioner of education may require, make a report for the preceding year to the commissioner of education, showing the amount of money received by them from this fund and the school districts, cities or academies to which such money has been paid and the amount paid to each, and the amount, if any, remaining in their hands unclaimed by any school district, city or academy together with any other fact relative to the disbursement of this fund which said commissioner may require. § 496. Certificate of apportionment by commis- sioner of education. As soon as possible after the making of any annual or general apportionment, the commissioner of education shall certify it to the county clerk, county treasurer. 116 NEW YOKK STATE EDUCATION DEPARTMENT school commissioners and city treasurer or chamberlain, in every county in the state; and if it be a supplemental apportionment, then to the county clerk, county treasurer and school commis- sioners of the county in which the school-house of the district concerned is situated. § 497. Moneys apportioned, when payable. At least one-half of the moneys so annually apportioned by the com- missioner of education shall be payable on or before the first day of March and the remaining part of such moneys on or before the fifteenth day of May, in each year, next after such apportionment, to the treasurers of the several counties and the chamberlain of the city of l^ew York, respectively; and the said treasurers and the chamberlain shall apply for and receive the same as soon as payable. § 498. Apportionment of school moneys by school commissioners. The school commissioner or commissioners of each county shall proceed at the county seat on or before the fifteenth day of February in each year, and apportion the super- vision, district and teachers' quotas to the several districts entitled thereto as shown by the certificate of the commissioner of edu- cation to the school commissioner. ^There shall procure from the treasurer of the county a transcript of the returns of the supervisors hereinafter required, showing the unexpended moneys in their hands applicable to the payment of teachers' salaries. The amounts in each supervisor's hands shall be charged as a partial payment of the sums apportioned to the town teachers' salaries. They shall procure from the county treasurer a full list and statement of all payments to him of moneys for or on account of fines and penalties, or accruing from any other source, for the benefit of schools and of the towns or districts for whose benefit the same were received. Such of said moneys as belong to a particular district, they shall set apart and credit to it; and such as belong to the schools of a town, they shall set apart and credit to the schools in that town, and shall apportion them together with such as belong to the schools of the county as hereinafter provided for the payment of teachers' salaries. They shall sign, in duplicate, a certificate, showing the amounts apportioned and set apart to each school district and part of a district, and the towns in which they were situated, and shall * So in original. EDUCATION- LAW 117 forthwith deliver one of said duplicates to the treasurer of the county and transmit the other to the commissioner of education. They shall certify to the supervisor of each town the amount of school moneys apportioned to each district or part of a district of his town for teachers' wages. § 499. Duty of and payment to supervisor. On re- ceiving the certificate of the school commissioners, each super- visor shall forthwith make a copy thereof for his own use, and deposit the original in the office of the clerk of his town ; and the moneys so apportioned to his town shall be paid to him imme- diately on his compliance with the requirements of section three hundred and sixty-three of this chapter. § 500. Power of comptroller to withhold payment of school moneys. The comptroller may withhold the pay- ment of any moneys to which any county may l3e entitled from the appropriation of the incomes of the school fund and the United States deposit fund for the support of common schools, until /satisfactory evidence shall be furnished to him that all moneys required by law to be raised by taxation upon such county, for the support of schools throughout the state, have been collected and paid or accounted for to the state treasurer. § 501. Union free school district and city, a school district. Every union free school district and every city having an organized city system of schools shall, for all the purposes of the apportionment, distribution, payment and withholding of school moneys, be regarded and recognized as a school district. § 502. Apportionment for support of training classes. The commissioner of education shall apportion the money annually appropriated for the support of training of teach- ers as follows: 1. To each academy and union free school district which has maintained a training class in accordance with the provisions of article thirty-one of this chapter and with the regulations pre- scribed by the commissioner of education, the sum of seven hun- dred dollars. 2. The balance of the money appropriated for such purpose shall be apportioned to the cities of the state which maintain train- ing schools in accordance with the provisions of articles twenty and thirty-one of this chapter and with the regulations prescribed by the commissioner of education, ratably according to the agsrre- gate attendance of the pupils regularly admitted to such training schools. 118 I^EW YORK STATE EDUCATIOIS^ DEPARTMENT ARTICLE 19 Trusts for Scbools; Gospel and School Lots Section 52,0. Property to be held in trust for common schools. 521. Control and supervision of trusts for common schools. 522. Eeport of trusts to commissioner of education. 523. Eeport of supervisor regarding gospel or school lots. 524. Apportionment of gospel funds. 525. Authorization of apportionment of gospel funds. 526. Payment of apportionment of gospel funds. 527. Bond required of collector or treasurer. 528. Application of moneys. § 520. Property to be held in trust for commoii schools. Peal and personal estate may be granted, conveyed, devised, bequeathed and given in trust and in perpetuity or other- wise, to the state, or to the regents or to the commissioner of education for the support or benefit of the common schools, within the state, or within any part or portion of it, or of any particular common schools within it; and to any county, or the school com- missioners of any county, or to any city or any board of officers thereof, or to any school commissioner district or its commissioner, or to any town, or supervisor of a town, or to any school district or its trustees, for the support and benefit of common schools within such county, city, school commissioner district, town or school district, or within any part or portion thereof respectively, or for the support and benefit of any particular common schools therein. No such grant, conveyance, devise or bequest shall be held void for the want of a named or competent trustee or donee, but where no trustee or donee, or an incompetent one is named, the title and trust shall vest in the people of the state, subject to its acceptance by the legislature, but such acceptance shall be presumed. § 521. Control and supervision of trusts for com- mon schools. The legislature may control and regulate the execution of all such trusts; and the commissioner of education shall supervise and advise the trustees, and hold them to a regular accounting for the trust property and its income and interest at such times, in such forms, and with such authentications, as he shall, from time to time, prescribe. EDUCATIOIT LAW 119 § 522. Report of trusts to coimnissioner of educa- tion. The common council of every city^ the board of super- visors of every county, the trustees of every village, the supervisor of every to^vn, the trustees of every school district, and every other officer or person who shall be thereto required by the commis sioner of education shall report to him whether any, and if any, what trusts are held by them respectively, or by any other body, officer or person to their information or belief for school purposes, and shall transmit, therewith, an authenticated copy of every will, conveyance, instrument or paper embodying or creating the trust ; and shall, in like manner, forthwith report to him the crea- tion and terms of every such trust subsequently created. § 523. Report of supervisor regarding gospel or school lots. Every supervisor of a town shall report to the commissioner of education whether there be, within the town, any gospel or school lot, and, if any, shall describe the same, and state to what use, if kny, it is put by the town ; and whether it be leased, and, if so, to whom, for what term and upon what rents; and whether the town holds or is entitled to any land, moneys or securities arising from any sale of such gospel or school lot, and the investment of the proceeds thereof, or of the rents and income of such lots and investments, and shall report a full statement and account of such lands, moneys and securities. § 524. Apportionment of gospel funds. It shall be lawful for the supervisor of any town having money arising from the sale of gospel lands, and known as gospel funds, to apportion such funds among the several school districts of his respective town as hereinafter provided. § 525. Authorization of apportionment of gospel funds. 1. The town board of any town having a gospel fund of five hundred dollars or less may authorize the supervisor of the town to apportion such fund among the several school districts of the town. 2. The voters of any town having a gospel fund of more than five hundred dollars may at any regular or special town meeting authorize the supervisor of the town to apportion such fund among the several school districts of the town. § 526. Payment of apportionment of gospel funds. When such apportionment is authorized the supervisor shall pay to the collector, or if the district has a treasurer to the treasurer, of the several school districts of his town its pro rata share according 120 iS^EW YORK STATE EDTJCATION DEPARTMENT to the aggregate school attendance of each school district in the preceding year. § 527. Bond required of collector or treasurer. The collector or the treasurer if the district has a treasurer, of each of such school districts shall execute and file with the super- visor of such town a bond of twice the amount of such apportion- ment with sufficient sureties, to be approved by such supervisor. § 528. Application of moneys. Such moneys shall be held by such collector or treasurer and paid upon the written order of the trustee of the district for such purposes as the annual or a special meeting of the district shall direct. ARTICLE 20 Teacliers and Pupils Section 550. Qualification of teachers. 551. Minimum qualifications of teachers in primary and grammar schools. 552. Regulations governing certification of teachers. 553. Commissioner of education to issue certificates. 554*. Endorsement of foreign certificates and diplomas. 555. Certification of teachers by local authorities. 556. Revocation of certificate by school commissioner. 557. Unqualified teachers shall not be paid from school moneys. 558. Penalty for payment of unqualified teacher. 559. Teachers responsible for record books. 560. Verification of school register. 561. Contract with teacher. 562. Penalty for teachers' failure to complete contract. 563. Contract when teacher is related to trustee or mem- ber of board. 564. Individual liability of trustee. 565. Dismissal of teacher. 566. Teacher's salary payable as often as monthly. 567. Common schools free to resident pupils; tuition from nonresident pupils. § 550. Qualification of teachers. "No person shall be employed or authorized to teach in the public schools of the state who is: EDUCATION^ LAW 121 1. Under the age of eighteen years ; and, 2. 'Not in possession of a teacher's certificate issued under the authority of this chapter or a diploma issued on the completion of a course in a state normal school of this state or in the state normal college. § 551. Minimum, qualifications of teachers in pri- mary and grammar schools. Xo person shall hereafter be employed or licensed to teach in the primary and grammar schools of any city or school district authorized by law to employ a superintendent of schools who has not had successful experience in teaching for at least three years, or in lieu thereof has not com- pleted : 1. A course in one of the state normal schools of this state pre- scribed by the commissioner of education. 2. An examination for and received a life state certificate issued in this state W a superintendent of public instruction or the commissioner of \education. 3. A course of study in a high school or academy of not less than three years approved by the commissioner of education or from some institution of learning of equal or higher rank ap- proved by the same authority, and who subsequently to the com- pletion of such course has not graduated from a school for the professional training of teachers having a course of not less than two years approved by the commissioner of education or its equivalent. § 552. Regulations governing certification of teachers. The commissioner of education shall prescribe, sub- ject to approval by the regents, regulations governing the exam- ination and certification of teachers employed in all public schools of the state. § 553. Commissioner of education to issue certifi- cates. The commissioner of education may issue : 1. A life state certificate upon examinations only which shall entitle its holder to teach for life in the public schools of the state without further examination. 2. Such other certificates as regents general rules shall pre- scribe. 3. A temporary license limited to a school district, school com- missioner district or city for a period not to exceed one year. § 554. Endorsement of foreign certificates and diplomas. The commissioner of education may in his dis- cretion endorse: 122 NEW YORK STATE EDUCATION DEPARTMENT 1. A diploma issued by a normal school of another state. 2. A certificate issued by the chief educational officer or state board of another state. Such endorsement confers on the holder of such diploma or certificate the privileges conferred by law on the holder of a nor- mal school diploma or state certificate issued in this state. § 555. Certification of teacliers by local author- ities. A school commissioner, a city superintendent of schools or such other authority of a city as may be designated by a special act or the city charter may issue such certificate as may be au- thorized by the regents general rules or by such special act or city charter. § 556. Revocation of certificate by scliool com- missioner, A school commissioner shall examine any charge affecting the moral character of any teacher within his district. first giving such teacher reasonable notice of the charge, and an opportunity to defend himself therefrom ; and if he find the charge sustained, he shall annul the teacher's certificate, by whom- soever granted, and declare him unfit to teach; and if the teacher holds a certificate of the commissioner of education or of a former superintendent of public instruction or a diploma of a state normal school, he shall notify the commissioner of education forthwith of such annulment and declaration. § 557. Unqualified teacbers sball not be paid from school moneys. ;N'o part of the school moneys apportioned to a district shall be applied to the payment of the salary of an unqualified teacher, nor shall his salary, or any part thereof, be collected by a district tax except as provided in section four hun- dred and ninety-one of this chapter. § 558. Penalty for payment of unqualified teacber. Any trustee who applies, or directs, or consents to the application of any district money to the payment of an unqualified teacher's salary, thereby commits a misdemeanor; and any fine imposed upon him therefor shall be for the benefit of the common schools of the district. § 559. Teacbers responsible for record books. Teachers shall keep, prepare and enter in the books provided for that purpose, the school lists and accounts of attendance herein mentioned, and shall be responsible for their safekeeping and delivery to the clerk of the district at the close of their engage- ments or terms. EDUCATION" LAW 12'6 § 560. Verification of school register. 1. Each teacher shall, by his oath or affirmation, verify his entries in the school register provided by the education department, and the entries shall constitute the school lists from which the average daily attendance shall be determined. Such oath or affirmation may be taken by the district clerk or trustee, but without charge. 2. A teacher shall not be entitled to his salary for the last month of a term until he shall have so made and verified such entries and the trustees shall not draw on the supervisor, collector or treasurer for any portion of his salary for such month until such oath or affirmation shall have been made. § 561. Contract with teacher. 1. All trustees of school districts or boards of education who shall employ any teacher to teach shall, at the time of such employment, make and deliver to such teacher, or cause to be made and delivered, a contract in writing, signed by them, or by some person duly authorized to represent them in the premises, in which the details of the agree- ment between the parties, and particularly the length of the term of employment, the amount of compensation and the time when such compensation shall be due and payable shall be clearly and definitely set forth. 2. 'No contract for the employment of a teacher in a district having three or more trustees shall be made for more than one year in advance or for a shorter time than ten weeks unless for the purpose of filling out an unexpired term of school. 3. No contract for the employment of a teacher in a district having a sole trustee shall be made to extend beyond the date of the expiration of the term of office of such trustee. A sole trus- tee of a school district shall have full power and authority to contract with teachers for the term for which he has been elected any time after the date of the annual meeting at which such trustee was elected. 4. ]S[or shall any trustee contract with any teacher whose certificate of qualifications shall not cover a period at least as long as that covered by the contract of service. (Thus amended hy L. 1910, ch. 442, in effect September 1, 1910.) § 562. Penalty for teacher's failure to complete contract. Any failure on the part of a teacher to complete an agreement to teach a term of school without good reason there- for shall be deemed sufficient ground for the revocation of the teacher's certificate. 124 NEW YORK STATE EDUCATION DEPAETMENT § 563. Contract ivhen teacher is related to trustee or member of board. 1. No person who is related to any trustee bv blood or marriage shall be employed as a teacher, except with the approval of two-thirds of the voters of such dis- trict present and voting upon the question at an annual or special meeting of the district. 2. ]^o person who is related by blood or marriage to any mem- ber of a board of education shall be employed as a teacher by such board, except upon the consent of two-thirds of the mem- bers thereof to be determined at a board meeting and to be entered upon the proceedings of the board. § 564. Individual liability of trustee. Any person employed in disregard of section five hundred and sixty-one or of section ^ve hundred and sixty-three shall have no claim for wages against the district, but may enforce the specific contract made against the trustees or board of education consenting to such employment as individuals. § 565. Dismissal of teacher. ;N'o teacher shall be re- moved during a term of employment unless for neglect of duty, incapacity to teach, immoral conduct, or other reason which, when appealed to the commissioner of education, shall be held by him sufficient cause for such dismissal. § 566. Teacher's salary payable as often as monthly. The salary of any teacher employed in the public schools of this state shall be due and payable at least as often as at the end of each calendar month of the term of employment. § 567. Common schools free to resident pupils; tuition from nonresident pupils. 1. A person over ^ve and under twenty-one years of age is entitled to attend the public schools maintained in the district or city in which such person resides without the payment of tuition. 2. ISTonresidents of a district, if otherwise competent, may be admitted into the school of a district or city, upon the consent of the trustees, or the board of ediication, upon terms prescribed by such trustees or board. 3. The school authorities of a district or city must deduct from the tuition of a nonresident pupil whose parent or guardian owns property in such district or city and pays a tax thereon for the support of the schools maintained in such district or city the amount of such tax. EDUCA,TION LAW 125 ARTICLE 21 Contract System Section 580. District meeting to authorize contract system. 581. District or city with which such contract may be made. 582. Trustees or boards of education may contract to receive such children. 583. Form of contract. ' 584. Validity of contract. 585. Apportionment to contracting district. 586. Keport of pupils from other districts. § 580. District meeting to authorize contract sys- tem. Any school district nkay decide by a majority vote of the qualified voters present and \foting at any district meeting: 1. To contract for the education of all the children of such dis- trict in another district or in a city instead of maintaining a home school ; 2. To contract for the education of part of the children of such district in another district or in a city and maintain a home school. § 581. District or city \xritli "which such contract may be made. 1. Such contract may be made with one or more districts or cities. The district meeting authorizing such contract may designate the districts or cities with which such con- tracts may be made. 2. If the district meeting fails to make such designation or if any district or city so designated refuses to make such contract, the trustees of the district authorizing such contract may enter into a contract with a district willing to make such contract. § 582. Trustees or boards of education may con- tract to receive such children. The trustees or board of education of any district or city may enter into a contract to receive and educate in the schools of such district or city the children of any district which shall authorize its trustees to con- tract for the education of its children as provided by section five hundred and eighty of this chapter. § 583. Form of contract. Such contract shall be writ- ten and in the form prescribed by the commissioner of education. § 584. Validity of contract. Such contract shall not be valid or binding upon either party thereto until a copy thereof 12G NEW YORK STATE EDUCATIOX DEPARTMENT is filed with the commissioner of education and approved by such commissioner. § 585. Apportionment to contracting district. 1. Whenever the period of time which a district contracts for the education of its children or such period together with the time school is actually taught in said district shall amount to one hun- dred and sixty days and the contract shall include all the children of school age in such district, such district shall be entitled to re- ceive one district quota. 2. Whenever a district maintains a home school and contracts for the education of at least twelve of its children in another dis- trict or city, it shall be entitled to one teacher's quota in addition to its district quota. 3. ^o school district operating under the contract system shall receive a greater apportionment than the total expense incurred in payment of tuition and transportation of pupils as shown by the leport of the trustee to the school commissioner. § 586. Report of pupils from other districts. The children attending a school under any such contract shall be reported to the commissioner of education by the trustees or board of education of the district or city wherein such children attend school as though they were residents of such city or school district. ARTICLE 22 General Industrial Schools, Trade Schools, and Schools of Agi?iculture, Mechanic Arts and Kome Making* Section 600. General industrial schools, trade schools, and schools of agriculture, mechanic arts and home making, may be established in cities. GOl. Such schools may be established in union free school districts. 602. Appointment of an advisory board. 603. Authority of the board of education over such schools. 604. State aid for general industrial schools, trade schools, and schools of agriculture, mechanic arts and home making. 605. Application of such moneys. EDUCATION LAW 127 Section 606. Annual estimate by board of education and appro- priations by municipal and school districts. 607. Courses in schools of agriculture for training of teachers. ^ § 600. General industrial schools, trade schools and schools of agriculture, mechanic arts and home making, may be established in cities. The board of education of any city, and in a city not having a board of edu- cation the officer having the management and supervision of the public school system, miry establish, acquire, conduct and main- tain as a part of the public school system of such city the following: 1. General industrial schools open to pupils who have com- pleted the elementary school course or who have attained the age of fourteen years, and ; 2. Trade schools open to pupils who have attained the age of sixteen years and have completed either the elementary school course or a course in the above mentioned general industrial school or who have met such other requirements as the local school authorities may have prescribed. 3. Schools of agriculture, mechanic arts and home making, open to pupils who have completed the elementary school course or who have attained the age of fourteen, or who have met such other re- quirements as the local school authorities may have prescribed. § 601. Siuch schools may be established in union free school districts. The board of education of any union free school district shall also establish, acquire and maintain such schools for like purposes whenever such schools shall be authorized by a district meeting. § 602. Appointment of an advisory board. 1. The board of education in a city and the officer having the manage- ment and supervision of the public school system in a city not having a board of education shall appoint an advisory board of five members representing the local trades, industries, and occu- pations. In the first instance two of such members shall be appointed for a term of one year and three of such members shall be appointed for a term of two years. Thereafter as the terms of such members shall expire the vacancies caused thereby shall be filled for a full term of two years. Any other vacancy occurring on such board shall be filled by the appointing power named in this section for the remainder of the unexpired term. 128 NEYf YORK STATE EDUCATION" DEPARTMENT 2. It shall be the duty of such advisory board to counsel with and advise the board of education or the officer having the man- agement and supervision of the public school system in a city not having a board of education in relation to the powers and duties vested in such board or officer by section six hundred and three of this chapter. § 603. Authority of the board of education over such schools. The board of education in ti city and the officer having the management and supervision of the public school system in a city not having a board of education and the board of education in a union free school district which authorizes the establishment of a general industrial school, a trade school, or a school of agriculture, mechanic arts and home making, is vested with the same power, and authority over the management, supervision and control of such school and the teachers or in- structors employed therein as such board or officer now has over the schools and teachers under their charge. Such boards of edu- cation or such officer shall also have full power and authority: 1. To employ competent teachers or instructors. 2. To provide proper courses of study. 3. To purchase or acquire sites and grounds and to purchase, acquire, lease or construct and to repair suitable shops or build- ings and to properly equip the same. 4. To purchase necessary machinery, tools, apparatus and supplies. § 604. State aid for general industrial schools, trade schools, and schools of agriculture, mechanic arts and home making. 1. The commissioner of educa- tion in the annual apportionment of the state school moneys shall apportion therefrom to each city and union free school district the sum of five hundred dollars for each independently organized gen- eral industrial school, trade school, or a school of agriculture, me- chanic arts and home making, maintained therein for thirty-eight weeks during the school year and employing one teacher whose work is devoted exclusively to such school, and having an enroll- ment of at least twenty-five pupils and maintaining a course of study approved by him. 2. The commissioner of education shall also make an addi- tional apportionment to each city and union free school district of two hundred dollars for each additional teacher employed exclusively in such schools for thirty-eight weeks during the school year. EDUCATIONS' LAW 129 3. The commissioner of education may in his discretion ap- portion to a district or city maintaining such schools or employing such teachers for a shorter time than thirty-eight weeks, an amount pro rata to the time such schools are maintained or such teachers are employed. This section shall not be construed to entitle manual training high schools or other secondary schools maintaining manual training departments, to an apportionment of funds herein provided for. § 605. Application of such, moneys. All moneys apportioned by the commissioner of education for general indus- trial or trade schools shall be used exclusively for the support and maintenance of such schools in the city or district to which such moneys are apportioned. § 606. Annual estimate by board of education and appropriations by municipal and scbool districts. 1. The board of education of each city or the officer having the management and supervision of the public school system in a city not having a board of education shall file with the common council of such city, within thirty days after the commencement of the fiscal year of such city, a written itemized estimate of the expendi- tures necessary for the maintenance of its general industrial schools, trade schools, or schools of agriculture, mechanic arts and home making, and the estimated amount which the city will receive from the state school moneys applicable to the support of such schools. The common council shall give a public hearing to such persons as wish to be heard in reference thereto. The common council shall adopt such estimate and, after deducting therefrom the amount of state moneys applicable to the support of such schools, shall include the balance in the annual tax budget of such city. Such amount shall be levied, assessed and raised by tax upon the real and personal property liable to taxation in the city at the time and in the manner that other taxes for school purposes are raised. The common council shall have power by a two-thirds vote to reduce or reject any item included in such estimate. 2. The board of education in a union free school district which maintains a general industrial school, trade school, or a school of agriculture, mechanic arts and home making, shall include in its estimate of expenses pursuant to the provisions of sections three hundred and twenty-three and three hundred and twenty- seven of this chapter the amount that will be required to maintain 5 130 NEW YORK STATE EDUCATION DEPARTMENT such schools after applying toward the maintenance thereof the amount apportioned therefor hy the commissioner of education. Such amount shall thereafter be levied, assessed and raised by tax upon the taxable property of the district at the time and in the manner that other taxes for school purposes are raised in such district. § 607. Courses in schools of agriculture for train- ing of teachers. The state schools of agriculture at Saint Lawrence University, at Alfred University and at Morrisville may give courses for the training of teachers in agriculture, mechanic arts, domestic science or home making, approved by the commissioner of education. Such schools shall be entitled to an apportionment of money as provided in section six hundred and four of this chapter for schools established in union free school districts. Graduates from such approved courses may receive licenses to teach agriculture, mechanic arts and home making in the public schools of the state, subject to such rules and regula- tions as the commissioner of education may prescribe. ARTICLE 23 Compulsory Education Section 620. Instruction required. 621. Required attendance upon instruction. 622. When a boy is required to attend evening school. 623. Instruction elsewhere than at a public school. 624. Duties of persons in ^paternal relation to children. 625. Penalty for failure to perform ^paternal duty. 626. Unlawful employment of children and penalty therefor. 627. Employer must display record certificate and even- ing certificate. 628. Punishment for unlawful employment of children. 629. Teachers must keep record of attendance. 630. School record certificate. 631. Evening school certificate. 632. Attendance ofiicers. 633. Arrest of truants. 634. Interference with attendance ofiicer. * So in original. EDUCATIOlSr LAW 131 Section 635. Trnant schools. 636. Enforcement of law and withholding the state moneys by commissioner of education. § 620. Instruction required. The instruction required under this article shall be: 1. At a public school in which at least the six common school branches of reading, spelling, writing, arithmetiCj English lan- guage and geography are taught in English. 2. Elsewhere than a public school upon instruction in the same subjects taught in English by a competent teacher. § 621. Required attendance upon instruction. 1. Every child within the compulsory school ages, in proper physical and mental condition to attend school, residing in a city or school district having a population of five thousand or more and employing a superintendent of schools, shall regularly attend upon instruction as follows: (a) Each child between seven and fourteen years of age shall attend the entire time during which the school attended is in session, which period shall not be less than one hundred and sixty days of actual school. (b) Each child between fourteen and sixteen years of age not regularly and lawfully engaged in any useful employment or service, and to whom an employment certificate has not been duly issued under the provisions of the labor law, shall so attend the entire time during which the school attended is in session. 2. Every such child, residing elsewhere than in a city or school district having a population of five thousand or more and employ- ing a superintendent of schools, shall attend upon instruction as many days annually between the first day of October and the following June as the public school of the district in which such child resides, shall be in session during such period, as follows: (a) Each child between eight and fourteen years of age. (b) Each child between fourteen and sixteen years of age not regularly and lawfully engaged in any useful employment or service. 3. The provisions of this section are intended to include all blind children, except such as may receive appointments under the provisions of article thirty-eight of this chapter. [Amended hy L. 1911, ch, YIO.] 132 NEW YORK STATE EDUCATION DEPARTMENT § 622« "When a boy is required to attend evening school. Every boy between fourteen and sixteen years of age, in a city of the first class or a city of the second class in possession of an employment certificate duly issued under the provisions of the labor law, who has not completed such course of study as is required for graduation from the elementary public schools of such city, and who does not hold either a certificate of gradu- ation from the public elementary school or the preacademic cer- tificate issued by the Eegents or the certificate of the completion of an elementary course issued by the education department, shall attend the public evening schools of such city, or other evening schools offering an equivalent course of instruction, for not less than six hours each week, for a period of not less than sixteen weeks or upon a trade school a period of eight hours per week for sixteen weeks in each school or calendar year. § 623. Instruction elsewhere than at a public school. If any such child shall so attend upon instruction else- where than at a public school, such instruction shall be at least substantially equivalent to the instruction given children of like age at the public school of the city or district in which such child resides; and such attendance shall be for at least as many hours each day thereof as are required of children of like age at public schools ; and no greater total amount of holidays or vacations shall be deducted from such attendance during the period such attend- ance is required than is allowed in such public school to children of like age. Occasional absences from such attendance, not amounting to irregular attendance in the fair meaning of the term, shall be allowed upon such excuses only as would be allowed in like cases by the general rules and practice of such public school. § 624. Duties of persons in parental relation to children. Every person in parental relation to a child within the compulsory school ages and in proper physical and mental condition to attend school, shall cause such child to attend upon in- struction, as follows: 1. In cities and school districts having a population of five thousand or above, every child between seven and sixteen years of age as required by section six hundred and twenty-one of this act unless an employment certificate shall have been duly issued to -such child under the provisions of the labor law and he is regularly employed thereunder. EDUCATION^ LAW 133 2. Elsewhere than in a city or school district having a popula- tion of five thousand or above, every child between eight and six- teen years of age, unless such child shall have received an employ- ment certificate duly issued under the provisions of the labor law and is regularly employed thereunder in a factory or mercantile establishment, business or telegraph ofiice, restaurant, hotel, apart- ment house or in the distribution or transmission of merchandise or messages, or unless such child shall have received the school record certificate issued under section six hundred and thirty of this act and is regularly employed elsewhere than in the factory or mercantile establishment, business or telegraph ofiice, restaurant, hotel, apartment house or in the distribution or transmission of merchandise or messages. § 625. Penalty for failure to perforin parental duty. A violation of section six hundred and twenty-four shall be a misdemeanor, punishable for the first offense by a fine not exceeding five dollars, or five days' imprisonment, and for each subsequent offense by a fine not exceeding fifty dollars, or by im- prisonment not exceeding thirty days, or by both such fine and im- prisonment. Courts of special session and police magistrates shall, subject to removal as provided in sections fifty-seven and fifty-^ight of the code of criminal procedure, have exclusive juris- diction in the first instance to hear, try and determine charges of violations of this section within their respective jurisdictions. § 626. Unlawful employment of children and pen- alty therefor. It shall be unlawful for any person, firm or corporation : 1. To ^employe any child under fourteen years of age, in any business or service whatever, for any part of the term during which the public schools of the district or city in which the child resides are in session. 2. To employ, elsewhere than in a city of the first class or a city of the second class, in a factory or mercantile establishment, business or telegraph office, restaurant, hotel, apartment house or in the distribution or transmission of merchandise or messages, any child between fourteen and sixteen years of age who does not at the time of such employment present an employment certifi- cate duly issued under the provisions of the labor law, or to employ any such child in any other capacity who does not at the time of * So in original. 134 NEW YORK STATE EDUCATION DEPARTMENT such employment present a school record certificate as provided in section six hundred and thirty of this chapter. 3. To employ any child between fourteen and sixteen years of age in a city of the first class or a city of the second class who does not, at the time of such employment, present an employment cer- tificate, duly issued under the provisions of the labor law. § 627. Employer must display record certificate and evening certificate. The employer of any child between fourteen and sixteen years of age in a city of the first class or a city of the second class shall keep and shall display in the place where such child is employed, the employment certificate and also his evening school certificate issued by the school authorities of said city or by an authorized representative of such school authoTities, certifying that the said boy is regularly in attendance at an evening school of said city as provided in section six hun- dred and thirty-one of this chapter. § 628. Punishment for unlaivful employment of children. Any person, firm, or corporation, or any officer, manager, superintendent or employee acting therefor, who shall employ any child contrary to the provisions of section six hun- dred and twenty-six hereof, shall be guilty of a misdemeanor, and the punishment therefor shall be for the first offense a fine of not less than twenty dollars nor more than fifty dollars ; for a second, and each subsequent offense, a fine of not less than fifty dollars nor more than two hundred dollars. § 629. Teachers must keep record of attendance. An accurate record of the attendance of all children between seven and sixteen years of age shall be kept by the teacher of every school, showing each day by the year, month, day of the month and day of the week, such attendance, and the number of hours in each day thereof; and each teacher upon whose instruction any such child shall attend elsewhere than at school, shall keep a like record of such attendance. Such record shall, at all times, be open to the attendance officers or other person duly authorized by the school authorities of the city or district, who may inspect or copy the same ; and every such teacher shall fully answer all inquiries lawfully made by such authorities, inspectors, or other persons, and a willful neglect or refusal so to answer any such inquiry shall be a misdemeanor. § 630. School record certificate. 1. A school record certificate shall contain a statement certifying that v- child has EDUCATION- LAW 135 regularly attended the public schools, or schools equivalent thereto, or parochial schools, for not less than one hundred and thirty days during the twelve months next preceding his fourteenth birthday or during the twelve months next preceding his application for such school record, and that he is able to read and write simple sentences in the English language, and has received during such period instruction in reading, writing, spelling, English grammar and geography, and is familiar with the fundamental operations of arithmetic up to and including fractions. Such record shall also give the date of birth and residence of the child as shown on the school records, and the name of the child's parents, guardian or custodian. 2. A teacher or superintendent to whom application shall be made for a school record certificate required under the provisions of the labor law shall issue a school record certificate to any child who, after due investigation and examination, may be found to be entitled to the same as follows : a. In a city of the first class by the principal or chief executive of a school. b. In all other cities and in school districts having a population of five thousand or more and employing a superintendent of schools, by the superintendent of schools only. c. In all other school districts by the principal teacher of the school. d. In each city or school district such certificate shall be fur- nished on demand to a child entitled thereto or to the board or commissioner of health. § 631. Evening school certificate. The school author- ities of a city of the first class or a city of the second class, or officers designated by them, are hereby required to issue to a boy lawfully in attendance at an evening school, an evening school certificate at least once in each month during the months said evening school is in session and at the close of the term of said evening school, provided that said boy has been in attendance upon said evening school for not less than six hours each week for such number of weeks as will, when taken in connection with the number of weeks such evening school shall be in session during the remainder of the current or calendar year, make up a total attendance on the part of said boy in said evening school of not less than six hours per week for a period of not less than sixteen weeks or attendance upon a trade school for at least eight hours 136 NEW YORK STATE EDUCATIOIS^ DEPARTMENT per week for not less than sixteen weeks. Sucli certificate shall state fully the period of time which the boy to whom it is issued was in attendance upon such evening school or trade school. § 632. Attendance officers. 1. The school authorities of each city, union free school district, or common school dis- trict whose limits include in whole or in part an incorporated vil- lage, shall appoint and may remove at pleasure one or more attend- ance officers of such city or district, and shall fix their compensa- tion and may prescribe their duties not inconsistent with this arti- cle and make rules and regulations for the performance thereof; and the superintendent of schools shall supervise the enforcement of this article within such city or school district. 2. The town board of each town shall appoint, subject to the written approval of the school commissioner of the district, one or more attendance officers, whose jurisdiction shall extend over all school districts in said town, and which are not by this section otherwise provided for, and shall fix their compensation, which shall be a town charge ; and such attendance officers, appointed by said board, shall be removable at the pleasure of the school commis- sioner in whose commissioner district such town is situated. § 633. Arrest of truants. 1. The attendance officer may arrest without a warrant any child between seven and sixteen years of age who is a truant from instruction upon which he is lawfully required to attend within the city or district of such attendance officer. He shall forthwith deliver the child so arrested to a teacher from whom such child is then a truant, or, in case of habitual and incorrigible truants, shall bring them before a police magistrate for commitment to a truant school as provided in sec- tion six hundred and thirty-five. 2. The attendance officer shall promptly report such arrest and the disposition which he makes of such child, to the school authori- ties of the said city or district where such child is lawfully re- quired to attend upon instruction. 3. A truant officer in the performance of his duties may enter, during business hours, any factory, mercantile or other establish- ment within the city or school district in which he is appointed and shall be entitled to examine employment certificates or regis- try of children employed therein on demand. § 634. Interference witli attendance officer. Any person interfering with an attendance officer in the lawful dis- charge of his duties and any person owning or operating a factory, EDUCATION" LAW 137 mercantile or other establishment who shall refuse on demand to exhibit to such attendance officer the registry of the. children em- ployed or the employment certificate of such children shall be guilty of a misdemeanor. § 635. Truant schools. 1. The school authorities of any city or school district may establish schools, or set apart separate rooms in public school buildings, for children between seven and sixteen years of age, who are habitual truants from instruction upon which they are lawfully required to attend, or who are in- subordinate or disorderly during their attendance upon such in- struction, or irregular in such attendance. Such school or room shall be known as a truant school; but no person convicted of crimes or misdemeanors, other than truancy, shall be committed thereto. 2. School authorities may provide for the confinement, main- tenance and instruction of such truants in such schools ; and they, or the superintendent of schools in any city or school district, may, after reasonable notice to such child and the persons in parental relation to such child, and an opportunity for them to be heard, and with the consent in writing of the persons in parental relation to such child, order such child to attend such school, or to be con- fined and maintained therein, under such rules and regulations as such authorities may prescribe, for a period not exceeding two years ; but in no case shall a child be so confined after he is sixteen years of age. 3. Such authorities may order such a child to be confined and maintained during such period in any private school, orphans' home or similar institution controlled by persons of the same re- ligious faith as the persons in parental relation to such child, and which is willing and able to receive, confine and maintain such child, upon such terms as to compensation as may be agreed upon between such authorities and such private school, orphans' home or similar institution. 4. If the person in parental relation to such child shall not consent to either of such orders said person shall be proceeded against in court under section six hundred and twenty-five of this chapter by the school authorities or such officer as they may desig- nate. In case the person in parental relation to such child estab- lishes to the satisfaction of the court that such child is beyond his control such child shall be proceeded against as a disorderly person, and upon conviction thereof, if the child was lawfully 138 NEW YORK STATE EDUCATION DEPARTMENT required to attend a public school, the child shall be sentenced to be confined and maintained in such truanc school for a period not exceeding two years; or if such child was lawfully required to attend upon instruction otherwise than at a public school, the child may be sentenced to be confined and maintained for a period not exceeding two years in such private school, orphans' home or other similar institutions, if there be one, controlled by persons of the same religious faith as the persons in parental relation to such child, which is willing and able to receive, confine and maintain such child for a reasonable compensation. Such confinement shall be conducted with a view to the improvement and to the restoration, as soon as practicable, of such child to the institution elsewhere, upon which he may be lawfully required to attend. 5. The authorities committing any such child, and in cities and districts having a superintendent of schools such superintendent shall have authority, in his discretion, to parole at any time any truant so committed by them. 6. Every child lawfully suspended from attendance upon in- struction for more than one week, shall be required to attend such truant school during the period of such suspension. 7. The school authorities of any city or school district, not hav- ing a truant school, may contract with any other city or district having a truant school, for the confinement, maintenance and in- struction therein of children whom such school authorities might require to attend a truant school, if there were one in their own city or district. 8. Industrial training shall be furnished in every such truant school. 9. The expense attending the commitment and cost of main- tenance of any truant residing in any city, or district, employing a superintendent of schools shall be a charge against such city, or district, and in all other cases shall be a county charge. § 636. Enforcement of law and witliholding tlie state moneys by commissioner of education. 1. The commissioner of education shall supervise the enforcement of this law' and he may withhold one-half of all public school moneys from any city or district, which, in his judgment, wilfully omits and refuses to enforce the provisions of this article, after due notice, so often and so long as such wilful omission and refusal shall, in his judgment, continue. EDUCATION" LAW 139 2. If the provisions of this article are complied with at anv time within one year from the date on which s.aid moneys were withheld, the moneys so withheld shall be paid over by said com- missioner of education to such district or city, otherwise forfeited to the state. ARTICLE 24 School Census Section 650. School census in cities of the first class. 651. School census in cities not of the first class. 652. School census in school districts. 653. Penalty for withholding information. 654. Payment of expenses. § 650. School census in cities of tlie first class. A permanent census board is hereby established in each city of the first class. Such board shall consist of the mayor, the superin- tendent of schools, the police commissioner or officer performing duties similar to those of a police commissioner. The mayor shall be the chairman of such board. Such board shall have power to make such rules and regulations as may be necessary to carry out the provisions of this article. Such board shall have power to appoint a secretary and such clerks and other employees as may be necessary to carry out the provisions of this article and to fix the salaries of the same. Such board shall ascertain through the police force, the residences and employments of all persons be- tween the ages of four and eighteen years residing within such cities and shall report thereon from time to time to the school authorities of such cities. Under the regulations of such board during the month of October, nineteen hundred and nine, it shall be the duty of the police commissioners in the cities of the first class to cause a census of the children of their respective cities to be taken. Thereafter such census shall be amended from day to day by the jDolice, precinct by precinct, as changes of resi- dence occur among the children of such cities within the ages prescribed in this article and as other persons come within the ages prescribed herein and as other persons within such ages shall become residents of such cities, so that said board shall always have on file a complete census of the names and residences of the children between such ages and of the persons in parental relatioi; thereto. It shall be the duty of persons in parental relation tr. 140 j^EW YOEK STATE EDUCATION" DEPARTMENT any child residing within the limits of said cities of the first clas? to report at the police station house of the precinct within which they severally reside, the following information: 1. Two weeks before any child becomes of the compulsory school age, the name of such child, its residence, the name of tht person or persons in parental relation thereto, and the name and location of the school to which such child is sent as a pupil. 2. In case a child of compulsory school age is for any cause removed from one school and sent to another school, or sent tc. work in accordance with the labor law, all the facts in relation thereto. 3. In case the residence of a child is removed from one police precinct to another police precinct, the new residence and the other facts required in the two preceding subdivisions. 4. In case a child between the ages of four and eighteen be- comes a resident of one of said cities of the first class for the first time the residence and such other facts as the census board shall require. Such census shall include all persons between the age& of four and eighteen years, the day of the month and the year of the birth of each of such persons, their respective residences by street and number, the names of their parents or guardians, such information relating to illiteracy and to the enforcement of the law relating to child labor and compulsory education as the school authorities of the state and of such cities shall require and also such further information as such authorities shall re- quire. § 651, School census in cities not of tlie first class. A permanent census board may be established in any city not of the first class, in accordance with the provisions of this article. If a census board shall not be established in such cities, then, during the month of October, nineteen hundred and nine, and in the month of October every fourth year thereafter, the school authorities of every city, not a city of the first class, shall take a census of the children of their respective cities. Such census shall include the information required from the cities of the first class as provided in section six hundred and fifty of this chapter. § 652. School census in school districts. The board of trustees of every school district shall annually on the thirtieth day of August cause a census of all children between the ages of five and eighteen years to be taken in their respective school EDUCATIO]^ LAW 141 districts. Such census shall include the information required from cities as provided in this article. § 653. Penalty for ivithholding iiLforxnation. A parent, guardian or other person having under his control or charge a child betv^een the ages of four and eighteen years who withholds or refuses to give information in his possession relating to such child and required under this article, or any such parent, guardian or other person who gives false information in relation thereto, shall be liable to and punished by fine not exceeding twenty dollars or by imprisonment not exceeding thirty days. § 654. Payment of expenses. The money required for the purpose of carrying this article into effect shall be paid by the cities and school districts respectively, included in the provisions of this article, but, in cities in which a permanent census board as provided under section six hundred and fifty of this chapter is not established and maintained, and in school districts, such moneys shall be paid for the services rendered in the taking of the school census on the certificate of the state commissioner of education that such census has been satisfactorily taken. ARTICLE 25 Text-Books Section 670. Power to designate text-books. 671. Requisites for change. 672. Penalty for violation. 673. Free text-books in union free school districts. § 670. Power to designate text-books. 1. In the several cities and union free school districts of the state, boards of education or such body or officer as perform the functions of such boards, shall designate text-books to be used in the schools under their charge. 2. In the common school districts in the state the text-books used in the schools therein shall be designated at an annual school meeting by a two- thirds vote of all the legal voters present and voting at such school meeting. § 671. Requisites for change. 1. When a text-book shall have been designated for use in a union free school district or city as provided in subdivision one of the preceding section, it shall not be lawful to supersede such text-book by any other 142 NEW YORK STATE EDUCATION DEPARTMENT book within a period of five years from the time of such designa- tion except upon a three-fourths vote of the board of education, or of such body or officer as performs the function of such board. 2. When a text-book shall have been designated in any common school district as provided in subdivision two of the preceding sec- tion it shall not be lawful to supersede such text-book except upon a three-fourths vote of the legal voters present and voting upon such proposition at an annual meeting of such district. § 672. Penalty for violation. Any person violating any of the provisions of this article shall be liable to a penalty of not less than fifty dollars nor more than one hundred dollars for every such violation, to be sued for by any taxpayer of the school district, and recovered before any justice of the peace and when collected, to be paid to the collector or treasurer for the benefit of said school district. § 673. Free text-books in union free school dis- tricts. 1. The qualified voters of any union free school district present at any annual school meeting or at any special school meet- ing duly and legally called for that purpose, shall have power, by a majority vote, to be ascertained by taking and recording the ayes and noes, to vote a tax for the purchase of all text-books used, or to be used, in the schools of the district. 2. If such tax shall be voted it shall be the duty of the board of education of such district, within ninety days thereafter, to pur- chase and furnish free text-books to all the pupils attending the schools in such district. Such board of education shall have power to establish such rules and regulations concerning the use by the pupils of such text-books, and the care, preservation and custody thereof as it shall deem necessary. ARTICLE 26 Pliysiolog'y and Hyg-iene Section 690. Instruction regarding nature of alcoholic drinks. 691. Enforcement of last section. § 690. Instruction regarding nature of alcoholic drinks. 1. The nature of alcoholic drinks and other narcotics and their effects on the human system shall be taught in connec- tion with tlie various divisions of physiology and hygiene, as EDUCATION LAW 143 thoroughly as are other branches in all schools under state control, or supported wholly or in part by public money of the state, and also in all schools connected with reformatory institutions. 2. All pupils in the above-mentioned schools below the second year of the high school and above the third year of school work computing from the beginning of the lowest primary, not kinder- garten, year, or in corresponding classes of ungraded schools, shall be taught and shall study this subject every year with suitable text-books in the hands of all pupils, for not less than three lessons a week for ten or more weeks, or the equivalent of the same in each year, and must pass satisfactory tests in this as in other studies before promotion to the next succeeding year's work ; except that, where there are nine or more school years below the high school, the study may be omitted in all years above the eighth year and below the high school, by such pupils as have passed the required tests of the eighth year. 3. In all schools above-mentioned, all pupils in the lowest three primary, not kindergarten, school years or in corresponding classes in ungraded schools shall each year be instructed in this subject orally for not less than two lessons a week for ten weeks, or the equivalent of the same in each year, by teachers using text-books adapted for such oral instruction as a guide and standard, and such pupils must pass such tests in this as may be required in other studies before promotion to the next succeeding year's work. Nothing in this article shall be construed as prohibiting or requir- ing the teaching of this subject in kindergarten schools. 4. The local school authorities shall provide needed facilities and definite time and place for this branch in the regular courses of study. 5. The text-books in the pupils' hands shall be graded to the capacities of fourth year, intermediate, grammar and high school pupils, or to corresponding classes in ungraded schools. For stu- dents below high school grade, such text-books shall give at least one-fifth, their space, and for students of high school grade, shall give not less than twenty pages to the nature and effects of alco- holic drinks and other narcotics. This subject must be treated in the text-books in connection with the various divisions of physi- ology and hygiene, and pages on this subject in a separate chapter at the end of the books shall not be counted in determining the minimum. No text-book on physiology not conforming to this article shall be used in the public schools. 144 NEW YORK STATE EDUCATIO]^ DEPARTMENT 6. All regents' examinations in physiology and hygiene shall include a due proportion of questions on the nature of alcoholic drinks and other narcotics, and their effects on the human system. § 691. Enforcement of last section. 1. In all normal schools, teachers' training classes and teachers' institutes, adequate time and attention shall be given to instruction in the best meth- ods of teaching this branch, and no teacher shall be licensed who has not passed a satisfactory examination in the subject and the best methods of teaching it. On satisfactory evidence that any teacher has wilfully refused to teach this subject, as provided in this article, the commissioner of education shall revoke the license of such teacher. 2. No public money of the state shall be apportioned by the commissioner of education or paid for the benefit of any city until the superintendent of schools therein shall have filed with the treasurer or chamberlain of such city an affidavit, and with the commissioner of education a duplicate of such affidavit, that he has made thorough investigation as to the facts, and that to the best of his knowledge, information and belief, all the provisions of this article have been complied with in all the schools under his supervision in such city during the last preceding legal school year. 3. 'Not shall any public money of the state be apportioned by the commissioner of education or by school commissioners, or paid for the benefit of any school district, until the president of the board of trustees, or in the case of common school districts the trustee or some one member of the board of trustees, shall have filed with the school commissioner having jurisdiction an affidavit that he has ;nade thorough investigation as to the facts and that to the best of his knowledge, information and belief, all the provisions of this article have been complied with in such district, which affidavit shall be included in the trustees' annual report. 4. It shall be the duty of every school commissioner to file with the commissioner of education an affidavit in connection with his annual report, showing all districts in his jurisdiction that have and those that have not complied with all the provisions of this article, according to the best of his knowledge, information and belief, based upon a thorough investigation by him as to the facts. 5. !N'or shall any public money of the state be apportioned or paid for the benefit of any teachers' training class, teachers' in- stitute or other school mentioned herein until the officer having EDUCATION" LAW 145 jurisdiction or supervision thereof shall have filed with the com- missioner of education an afiidavit that he has made thorough in- vestigation as to the facts and that to the best of his knowledge, information and belief, all the provisions of this article relative thereto have been complied with. 6. The principal of each normal school in the state shall at the close of each school year file with the commissioner of education an affidavit that all the provisions of this article applicable thereto have been complied with during the school year just terminated and until such affidavit shall be filed no warrant shall be issued by the commissioner of education for the payment by the treas- urer of any part of the money appropriated for such school. 7. It shall be the duty of the commissioner of education to provide blank forms of affidavit required herein for use by the local school officers, and he shall include in his annual report a statement showing every school, city or district which has failed to comply with all the provisions of this article during the pre- ceding school year. 8. On complaint by appeal to the commissioner of education by any patron of the schools mentioned in the last preceding section or by any citizen that any provision of this article has not been complied with in any city or district, the commissioner of education shall make immediate investigation, and on satisfactory evidence of the truth of such complaint, shall thereupon and there- after withhold all public money of the state to which such city or district would otherwise be entitled, until all the provisions of this article shall be complied with in said city or district, and shall exercise his power of reclamation and deduction under sec- tion four hundred and ninety-one of this chapter. ARTICLE 27 The Flag* Section 710. Purchase and display of flag. 711. Kules and regulations. 712. Commissioner of education shall prepare program. 713. Military drill excluded. § 710. Purchase and display of flag. It shall be the duty of the school authorities of every public school in the several cities and school districts of the state to purchase a United States flag, flag-staff and the necessary appliances therefor, and to dis- 146 KEW YORK STATE EDUCATIOlSr DEPARTMENT play sucli flag upon or near the public school building during school hours, and at such other times as such school authorities may direct. § 711. Rules and regulations. The said school author- ities shall establish rules and regulations for the proper custody, care and display of the flag, and when the weather will not permit it to be otherwise displayed, it shall be placed conspic- uously in the principal room in the school-house. § 712. Commissioner of education shall prepare program. 1. It shall be the duty of the commissioner of edu- cation to prepare, for the use of the public schools of the state, a program providing for a salute to the flag and such other patri- otic exercises as may be deemed by him to be expedient, under such regulations and instructions as may best meet the varied requirements of the different grades in such schools. 2. It shall also be his duty to make special provision for the observance in the public schools of Lincoln's birthday, Washing- ton's birthday. Memorial day and Mag day, and such other legal holidays of like character as may be hereafter designated by law when the legislature makes an appropriation therefor. § 713. Military drill excluded. Nothing herein con- tained shall be construed to authorize military instruction or drill in the public schools during school hours. ARTICLE 28 Fire Drills Section 730. Duty to maintain drills: 731. Penalty for neglect. 732. Duty to instruct teachers. 733.. ]^ot applicable to colleges or universities. § 730. Duty to maintain drills. It shall be the duty of the principal or other person in charge of every public or private school or educational institution within the state, having more than one hundred pupils, or maintained in a building two or more stories high to instruct and train the pupils by means of drills, so that they may in a sudden emergency be able to leave the school building in the shortest possible time and without con- fusion or panic. Such drills or rapid dismissals shall be held at least once in each month. EDUCATIOJT LAW 147 § 731. Penalty for neglect. :N'eglect by any principal or other person in charge of any public or private school or educational institution to comply with the provisions of this article shall be a misdemeanor punishable at the discretion of the court by fine not exceeding fifty dollars; such fine to be paid to the pension fund of the local fire departm.ent where there is such a fund.' § 732. Duty to instruct teachers. It shall be the duty of the board of education or school board or other body having control of the schools in any district or city to cause a copy of this article to be printed in the manual or handbook prepared for the guidance of teachers, where such manual or handbook is in use or may hereafter come into use. § 733. Not applicable to colleges or universities. The provisions of this article shall not apply to colleges or uni- versities. ARTICLE 29 Arbor Day Section 750. Arbor day. 751. Manner of observance. 752. Prescribed course of exercises. § 750. Arbor day. The Friday following the first day of May in each year shall be known as Arbor day. § 751. Manner of observance. It shall be the duty of the authorities of every public school in this state to assemble the pupils in their charge on that day in the school building, or elsewhere, as they may deem proper, and to provide for and con- duct, under the general supervision of the city superintendent or the school commissioner, or other chief officers having the general oversight of the public schools in each city or district, such exer- cises as shall tend to encourage the planting, protection and preservation of trees and shrubs, and an acquaintance with the best methods to be adopted to accomplish such results. § 752. Prescribed course of exercises. The commis- sioner of education may prescribe from time to time a course of exercises and instruction in the subjects hereinbefore mentioned, which shall be adopted and observed by the public school authori- ties on Arbor day. Upon receipt of copies of such course suffi- 148 NEW YORK STATE EDUCATIOIS^ DEPARTMENT cient in number to supply all the schools under their supervision, the school commissioner or city superintendent aforesaid shall promptly provide each of the schools under his charge with a copy, and cause it to be observed. ARTICLE 30 Teachers' Institute Section 770. Duties of commissioner of education regarding teachers' institutes. 771. Duties of school commissioners. 772. Schools must be closed. 778. Penalty for failure to attend or to close schools. 774. Teachers must attend; entitled to salaries. 775. Payment of expenses. § 770. Duties of commissioner of education re- garding teachers' institutes. It shall be the duty of the commissioner of education: 1. To appoint a teachers' institute once in each year in each school commissioner district of the state, for the benefit and instruction of the teachers in the public schools, and of such as intend to become teachers, with special reference to the presenta- tion of subjects relating to the principles of education and methods of instruction in the various branches of study pursued in the schools. After consultation with the school commissioners, the said commissioner of education shall have power to determine the duration of each institute and to designate the time and place of holding the same. 2. To employ suitable persons, at a reasonable compensation, to supervise and conduct the institutes, and, in his discretion, to pro- vide for such additional instruction as he may deem advisable and for the best interests of the schools. 3. To appoint in his discretion an institute for two or more school commissioner districts. 4. To establish such regulations for the government of insti- tutes as he may deem best ; and he may establish such regulations in regard to certificates of qualification or recommendation which may be issued by school commissioners as will, in his judgment, furnish incentives and encouragement to teachers to attend the institutes. EDUCATION LAW 149 5. To visit the institutes, or cause them to be visited by rep- resentatives of the education department, for the purpose of exam- ining into the course and character of instruction given, and of rendering such assistance as he may find expedient. § 771. Duties of school commissioners. It shall be the duty of every school commissioner, subject always to the advice and direction of the commissioner of education: 1. To notify all teachers, trustees, boards of education and others known to him who may desire to become teachers under his jurisdiction, of the time when and the place where the insti- tute will be held. 2. To make all necessary arrangements for holding the institute when appointed; see that a suitable room is provided; attend to all necessary details connected therewith; assist the conductor in organization; keep a record of all teachers in attendance and notify the trustees of the number of days attended by the teachers of the various districts, which shall be the basis of pay to such teacher for attendance as hereafter provided. 3. To transmit to the commissioner of education at the close of each institute, in such form, and within such time, as such commissioner shall prescribe, a full report of the institute, in- cluding a list of all teachers in attendance, the number of days attended by each teacher, with such other information as may be required. 4. To present a full statement of all expenses incurred by him in carrying on the institute, with vouchers for all expenditures made, accompanying the same by an affidavit of the correctness of statements made and of accounts presented. § 772. Schools must be closed. 1. All schools in school districts and parts of school districts within any school commis- sioner district wherein an institute is held, not included within the boundaries of an incorporated city, except as herein provided, shall be closed during the time such institute shall be in session. 2. The closing of a school within the school commissioner dis- trict wherein an institute shall be held, at which a teacher has attended, shall not work a forfeiture of the contract under which such teacher was employed. 8. In all districts having a population of more than five thou- sand, and employing a superintendent whose time is exclusively devoted to the supervision of the schools therein, the schools may 150 n:ew yoek state education department be closed or not at the option of the boards of education in such districts. § 773. Penalty for failure to attend or to close schools. Wilful failure on the part of a teacher to attend a teachers' institute as required, shall be sufficient cause for the revocation of such teacher's license, and a wilful failure on the part of trustees to close their schools during the holding of an institute as required, shall be sufficient cause for withholding the public moneys to which such districts would otherwise be entitled. § 774. Teachers must attend; entitled to salaries. 1. Any person under contract to teach in a school in any commis- sioner district, is required to attend an institute if one is held for that district, even though at the time of such institute the school is not in session, and shall be entitled to receive full salary for the actual time in attendance at such institute. 2. The trustees of every school district are hereby directed to give the teachers employed in their district the whole of the time, while an institute for the school commissioner district in which their school is located is in session, for attendance thereat and shall make no deduction whatever from the salaries of such teachers for the time so spent. § 775. Payment of expenses. The treasurer shall pay, on the warrant of the comptroller, to the order of any one or more of the school commissioners, such sum of money as the com- missioner of education shall certify to be due to them for expenses in holding a teachers' institute; and upon the like warrant and certificate shall pay to the order of any persons employed by the commissioner of education as additional instructors to conduct, instruct, teach or supervise any such teachers' institute. ARTICLE 31 Training* Classes Section 790. Designation of schools for classes. 791. Regulations for classes. 792. Instruction free. 793. ^School commissioners shall supervise and examine classes ; teachers' certificates. 794. Teachers' training schools or classes under superin- tendents of schools. * So in original. EDUCATION LAW 151 § 790. Designation of schools for classes. The com- missioner of education shall designate the academies and union free schools in which training classes may be organized to give in- struction in the science and practice of common school teaching. Such classes shall be distributed among the academies and high schools of the several school commissioner districts of the state and consideration shall be given to the number of school districts in each and the location and character of the institution designated. § 791. Regulations for classes. 1. Every academy and union school so designated shall instruct a training class of not less than ten nor more than twenty-five scholars, and every scholar admitted to such class shall continue under instruction not less than thirty-six weeks. 2. Whenever it shall be shown to the satisfaction of the com- missioner of education that any pupil attending such classes has been prevented from attending the same for the full term of thirty- six weeks, or that for any reason satisfactory to such commis- sioner, said classes have not been held for the full term of thirty- six weeks or have been attended by less than ten members, such commissioner may excuse such default and allow to the trustees of the academy o^ union free school in which said classes have been instructed an equitable allowance proportionate to the number of pupils and period of instruction. 3. The commissioner shall prescribe the conditions of admission to the classes, the course of instruction and the rules and regula- tions under which said instruction shall be given. § 792. Instruction free. Instruction shall be free to all scholars admitted to such classes, who have continued in them the length of time required by the preceding section. § 793. School commissioners shall supervise classes. Each class organized in any academy or union school under ap- pointment by the commissioner of education for the instruction in the science and practice of common school teaching, shall be sub- ject to the visitation of the school commissioner of the district in which such academy or union school is situated ; and it shall be the duty of said school commissioner to advise and assist the principals of said academies or union schools in the organization and manage- ment of said classes. § 794. Teachers' training schools or classes under superintendents of schools. The board of education or the public school authorities of any city or of any school district 152 IS-EW YORK STATE EDUCATION DEPARTMENT having a population of five thousand or more and employing a superintendent of schools, may establish, maintain, direct and control one or more schools or classes for the professional instruc- tion and training of teachers ii\ the principles of education and in the method of instruction for not less than two years. ARTICLE 32 Normal Schools; State Normal Colleg'e Section 810. JSTormal schools continued. 811. Local boards. 812. Powers of local boards. 813. Bond of treasurer. 814. Salary of secretary and treasurer. 815. Local boards shall have management of buildings and property. 816. Courses of study. 817. Teachers, salaries, et cetera. 818. Commissioner may perform duties of defaulting local board. 819. Diplomas. 820. Requisites for admission; privileges and duties of pupils. 821. Practice departments in Fredonia school. 822. Special policemen. 823. Village or city may insure normal school property. 824. Expense of insurance a village or city charge. 825. Deposit of insurance moneys in bank. 826. Acceptance of grants and bequests authorized. 827. Education of Lidian youth. 828. Selection of Indian' youth. 829. Age of youth and limit of time for support. 830. Guardians of youth. 831. Indian pupils on equality ^vith others. 832. "New York state normal college. 833. Board of trustees. § 810. Normal schools continued. The state normal schools heretofore established at Brockport, Buffalo, Cortland, Fredonia, Geneseo, 'New Paltz, Oneonta, Oswego, Plattsburgh and Potsdam, are continued. EDUCATIOIvT LAW 153 § 811. Local boards. There shall continue to be a local board of each of said state normal schools, consisting of not less than three nor more than thirteen persons and the members thereof shall hold their offices until removed by the concurrent action of the chancellor of the university and the commissioner of education. A vacancy in any of said boards shall be filled by appointment by the commissioner of education. § 812. Powers of local boards. ], Local boards shall have the immediate supervision and management of said schools, subject, however, to the general supervision of the commissioner of education and to his direction in all things pertaining to the school. Said local boards shall have power to appoint one of their number chairman, one secretary and another treasurer of the board. The secretary may also be treasurer. 2. A majority of each of said boards shall form a quorum for the transaction of business, and in the absence of any officer of the board, another member may be appointed pro tempore to fill his place and perform his duties. 3. It shall be the duty of such board to make and establish, and from time to time to alter and amend, such rules and regulations for the government of such schools under their charge, respect- ively, as they shall deem best, which shall be subject to the approval of the commissioner of education. 4. They shall also severally transmit through the commissioner of education, and subject to his approval and in the form which he directs, a report to the legislature on the first day of January in each year, showing the condition of the school under thei^ charge during the year next preceding, including, especially, an account in detail of their receipts and expenditures, which shall be duly verified by the oath or affirmation of their chairman and secretary. § 813. Bond of treasurer. The treasurer shall give an undertaking to the people of the state for the faithful perform- ance of his trust in an amount fixed by the commissioner of education. The undertaking shall be approved by said commis- sioner and filed in the office of the comptroller. § 814. Salary of secretary and treasurer. The secre- tary and the treasurer shall each be paid an annual salary to be fixed by the local board with the approval of the commissioner of education, but the aggregate amount of such salaries shall not exceed four hundred dollars. 154 NEW YOEK STATE EDUCATION DEPARTMENT § 815. liocal boards shall have management of buildings and property. The local boards of managers of the respective normal schools in this state shall have the custody, keeping and management of the grounds and buildings provided or used for the purposes of such schools, respectively, and other property of the state pertaining thereto, with power to protect, preserve and improve the same. § 816. Courses of study. It shall be the duty of the commissioner of education to prescribe the courses of study to be pursued in each of said schools. § 817. Teachers, salaries, et cetera. The commis- sioner of education shall determine the number of teachers to be employed in each normal school and the salary of such teachers. The employment of such teachers shall also be subject to his approval. § 818. Commissioner may perform duties of de- faulting local board. During such time as any local board shall fail or refuse to discharge any duty the commissioner of education is hereby authorized to discharge such duty of such local boards or any of their officers; and the acts of said com- missioner of education in the premise's shall be as valid and bind- ing as if done by a competent local board or its officers, or with their co-operation. § 819. Diplomas. The commissioner of education shall prepare suitable diplomas to be granted to the students of such sghool, who shall have completed one or more of the courses of study and discipline prescribed, and a diploma signed by him. the chairman and secretary of the local board and the principal of the school, shall be of itself a certificate of qualification to teach common schools. § 820. Requisites for admission; privileges and duties of pupils. 1. All applicants for admission to a nor- mal school shall be residents of this state, or, if not, they shall be admitted only upon the payment of such tuition fees as shall be, from time to time, prescribed by the commissioner of educa- tion. Applicants shall present such evidences of proficiency or be subject to such examination as shall be prescribed by said commissioner. 2. A normal school shall not receive into its academic depart- ment any pupil not a resident of the territory, for the benefit or advantage of whose residents the state has pledged itself to main- EDUCATION LAW 155 tain sucli academic department unless such pupil declares it to be her intention to remain in such school to complete the regular normal course. 3. All students duly admitted to the normal department shall be entitled to all the privileges of the school, free from all charges for tuition or for the use of books or apparatus, but every pupil shall pay for books lost by him, and for any damage to books in his possession. Any pupil may be dismissed from the school by the local board for immoral or disorderly conduct, or for neglect or inability to perform his duties. § 821. Practice departments in Fredonia scliool. The local board of control of the state normal school at Fredonia shall have the same powers and privileges in respect to practice departments as boards of education, under subdivision three of section three hundred and ten and section three hundred and seven- teen of this chapter. § 822. Special policemen. For the purpose of protecting and preserving such buildings, grounds and other property, and preventing injuries thereto, and preserving order, preventing dis- turbances, and preserving the peace in such buildings and upon such grounds, the local boards of managers of each of said normal schools shall have power, by resolution or otherwise, to appoint, from time to time, one or more special policemen, and to remove the same at pleasure, who shall be police officers, with the same powers as constables of the town or city where such school is located, whose duty it shall be to preserve order, and prevent dis- turbances and breaches of the peace in and about the buildings, and on and about the grounds used for said school, or pertaining thereto, and protect and preserve the same from injury, and to arrest any and all persons making any loud or unusual noise, causing any disturbance, committing any breach of the peace, or misdemeanor or any wilful trespass upon such grounds, or in or upon said buildings, or any part thereof and convey such person or persons so arrested, with a statement of the cause of the arrest, before a proper magistrate to be dealt with according to law. § 823. Village or city may insure normal school property. Each village and city in this state, wherein is located a state normal and training school, may insure and keep insured, the real and personal property of such school against loss or damage by fire, when the state refuses to insure, or keep ade- quately insured, such property. The insurance is to be in the name 156 NEW YORK STATE EDUCATION DEPARTMENT of the state, and in case of loss, any moneys obtained from siicli in- surance are to be used and disposed of the same as if the state had effected such insurance. The amount of insurance to be carried shall be determined by the municipal authorities of such village or city. § 824. Expense of insurance a village or city charge. The amount of money necessary to effect and con- tinue such insurance shall be raised annually by such village or city at the same time, and in the same manner, as the ordinary expenses of the village or city are raised. § 825. Deposit of insurance moneys in bank. Where any loss or damage, against which insurance exists, occurs to the real or personal property of any of the normal and training schools of the state, the moneys realized from such insurance shall be deposited by each company in which such property is insured in a bank to be designated by the state comptroller, sub- ject to the check of the local board of managers of such school, countersigned by the state comptroller. Such moneys shall be kept as a separate fund to the credit of the local board of man- agers of such school, and shall be immediately available to be expended under the direction of such local board of managers, subject to the approval of the commissioner of education, to repair or replace, wholly or partially, the real or personal property so damaged or destroyed. § 826. Acceptance of grants and bequests author- ized. The local board of managers of any state normal and training school of this state, may accept, for the state, by and with the consent of the commissioner of education the gift, grant, devise or bequest of money or other property, and ^to apply the same to any purpose, not inconsistent with the general purposes of such school, which shall be prescribed in the instrument by which such gift, grant, devise or bequest shall be made. § 827. Education of Indian youth. The state treas- urer shall pay, on the warrant of the comptroller, on bills ap- proved by the commissioner of education, from the general fund, such sum as may be appropriated for the support and education of Indian youth in the state normal schools. § 828. Selection of Indian youth. The selection of such youth shall be made by the commissioner of education, from the several Indian tribes located within this state ; and in making such selection due regard shall be had to a just participation in * So in original. EDUCATIOIS^ LAW l57 the privileges of this article by each of the said several tribes, and, if practicable, reference shall also be had to the population of each of said tribes in determining such selection. § 829. Age of youth and limit of time for support. Such youth shall not be under sixteen years of age, nor shall any of such youth be supported or educated at said normal schools for a period exceeding three years. § 830. Guardians of youth. The local board of each normal school shall be the guardians of such Indian youth, during the period of their connection with the school ; and shall pay their necessary expenses, as provided in section eight hundred and twenty-seven of this article. § 831. Indian pupils on equality ivith others. The Indian pupils selected in pursuance of this article, and attending said normal schools, shall enjoy the same privileges, of every kind, as the other pupils attending said schools, including the paymeni of traveling expenses, not exceeding ten dollars to each pupil. § 832. New York state normal college. 1. The state normal school heretofore established at Albany is continued under the name of the !N'ew York state normal college and the executive committee of said college shall be known as the board of trustees thereof. 2. The said state normal college shall be as heretofore, under the supervision, management and government of the commissioner of education and the regents of the university. The said com- missioner and regents shall from time to time, make all needful rules and regulations ; fix the number and compensation of teachers and others to be employed therein ; prescribe the examination and the terms and conditions on which pupils shall be received and instructed therein; the number of pupils from the respective counties conforming as nearly as may be to the ratio of population, and provide in all things for the good government and management of the said college. § 833. Board of trustees. 1. The board of trustees hav- ing the care, management and government of said college shall consist of five persons of whom the commissioner of education shall be one. Said commissioner shall be president ex officio of said board. The other members of such board shall be appointed by said commissioner subject to the approval of the regents. 2. In addition to the powers and duties named herein the com- missioner of education and the board of trustees of said state 158 NEW YORK STATE EDUCATION DEPARTMENT normal college shall possess all the powers and duties which the said commissioner and the local boards respectively possess under this article in relation to state normal schools. ARTICLE 33 Fines, Penalties, Forfeitures and Costs Section 850. Disposition of fines for benefit of common schools. 851. Report and payment of fines. 852. Disposition of fines for benefit of schools of town, district or city. 853. Disposition of fine in case of joint district. 854. Penalty for falsely claiming to represent commis- sioner of education, regents or other school officer. 855. Forfeiture of amount of moneys lost by neglect. 856. Forfeiture of amount of penalty where suit is neglected. 857. 'No costs to plaintiffs in certain cases. 858. Costs, expenses and damages a district charge in certain cases. 859. Payment of costs, charges and expenses by vote of district meeting. 860. Appeal to county judge. 861. Hearing before county judge. 862. Duty of trustees to carry out order. § 850. Disposition of fines for benefit of common schools. Whenever, by any statute, a penalty or fine is imposed for the benefit of common schools, and not expressly of the common schools of a town or school district, it shall be taken to be for the benefit of the common schools of the county within which the con- viction is had; and the fine or penalty, when paid or collected, shall be paid forthwith into the county treasury, and the treasurer shall credit the same as school moneys of the county, unless the county comprise a city having a special school act, in which case he shall report it to the commissioner of education, who shall apportion it upon the basis of population by the last census, be- 'tween the city and the residue of the county, and the portion be- longing to the city shall be paid into its treasury. § 851. Report and payment of fines. Every district attorney shall report, annually, to the board of supervisors, all EDUCATION LAW 159 such fines and penalties imposed in any prosecution conducted by him during the previous year; and all moneys collected or received by him or by the sheriff, or any other officer, for or on account of such fines or penalties, shall be immediately paid into the county treasury, and the receipt of the county treasurer shall be a sufficient and the only voucher for such money. § 852. Disposition of fines for benefit of schools of toivn, district or city. Whenever a fine or penalty is inflicted or imposed for the benefit of the common schools of a town or school district, the magistrate, constable or other officer collecting or receiving the same shall forthwith pay the same to the county treasurer of the county in which the schoolhouse is located, who shall credit the same to the town or district for whose benefit it is collected. If the fine or penalty be inflicted or imposed for the benefit of the common schools of a city having a special school act, or of any part or district of a city, it shall be paid into the city treasury. § 853. Disposition of fine in case of joint district. Whenever a penalty or fine is imposed upon any school district officer for a violation or omission of official duty, or upon any person for any act or omission within a school district, or touch- ing property or the peace and good order of the district, and such penalty or fine is declared to be for the use or benefit of the common schools of the town or of the county, and such school district lies in two or more towns or counties, the town or county intended by the act shall be taken to be the one in which the schoolhouse, or the schoolhouse longest owned or held by the district is at the time of such violation, act or omission. § 854. Penalty for falsely claiming to represent commissioner of education, regents or otlier school officer. It shall be a misdemeanor for any employee, agent or representative of a firm, company or corporation engaged in selling, publishing or manufacturing papers, periodicals, books, maps, charts, school supplies, apparatus or furniture, or any other person engaged or employed in such business to falsely represent to a board of trustees or board of education of a school district or to a teacher employed in a public school in this state or to a superintendent of schools or other school officer that he is an agent, employee, or representative of the commissioner of education, the state education department, the regents, or of any other school officer. 160 NEW YORK STATE EDUCATIOIS" DEPARTMENT § 855. Forfeiture of amount of moneys lost by neglect. Whenever the share of school moneys or any portion thereof, apportioned to any town or school district, or any money to which a town or school district would have been entitled, shall be lost, in consequence of any wilful neglect of official duty by any school commissioner, town clerk, trustees or clerks of school districts, the officer guilty of such neglect shall forfeit to the town, or school district so losing the same, the full amount of such loss with interest thereon. § 856. Forfeiture of amount of penalty ivliere suit is neglected. Where any penalty for the benefit of a school district, or of the schools of any school district, town, school commissioner district or county, shall be incurred, and the officer, whose duty it is by law to sue for the same, shall wilfully and unreasonably refuse or neglect to sue for the same, such officer shall forfeit the amount of such penalty to the same use, and it shall be the duty of his successor in office to sue for the same. § 857. No costs to plaintiffs in certain cases. 1. In any action against school officers, including supervisors of towns, in respect to their duties and powers under this chapter, for any act performed by virtue of or under the color of their offices, or for any refusal or omission to perform any duty enjoined by law, and which might have been the subject of an appeal to the commissioner of education, no costs shall be allowed to the plain- tiff, in cases where the court shall certify that it appeared on the trial that the defendants acted in good faith. 2. The provision of subdivision one of this section shall not extend to suits for penalties, nor to suits or proceedings to enforce the decisions of the commissioner of education. § 858. Costs, expenses and damages a district charge in certain cases. 1. Whenever the trustees of any school district, or any school district officers, have been or shall be instructed by a resolution adopted at a district meeting to defend any action brought against them, or to bring or defend an action or proceeding touching any district property or claim of the district, or involving its rights or interests, or to continue any such action or defense, all their costs and reasonable expenses, as well as all costs and damages adjudged against them, shall be a district charge and shall be levied by tax upon the district. 2. If the amount claimed by them be disputed by a district meeting, it shall be adjusted by the county judge of any county in which the district or any part of it is situated. EDUCATION LAW 161 § 859. Payment of costs, charges and expenses by vote of district meeting. 1. Whenever such trustees or any school district officer shall have brought or defended any such action or proceeding, without any such resolution of the dis- trict meeting, and after the final determination of such suit or proceeding, shall present to any regular meeting of the inhabi- tants of the district, an account, in writing, of all costs, charges and expenses paid by him or them, with the items thereof, and verified by his or their oath or affirmation, and a majority of the voters at such meeting shall so direct, it shall be the duty of the trustees to cause the same to be assessed upon and collected of the taxable property of said district, in the same manner as other taxes are by law assessed and collected; and, when so collected, the same shall be paid over, by an order upon the collector or treasurer to the officers entitled to receive the same. 2. The provision of subdivision one of this section shall not extend to suits for penalties, nor to suits or proceedings to en- force the decisions of the commissioner of education. § 860. Appeal to county judge. 1. Whenever any officer mentioned in section eight hundred and fifty-nine shall have complied with the provisions of such section and the meet- ing shall have refused to direct the trustees to levy a tax for the payment of the costs, charges and expenses claimed by him, such officer shall immediately give notice to such meeting that he will appeal to the county judge of the county in which such district is located from the refusal of said meeting to vote a tax for the payment of such claim. 2. Within ten days after the refusal of the meeting to allow such claim such officer shall serve upon the clerk of the district or, if there be no district clerk, upon the town clerk of the town an itemized statement of his claim, duly verified, together with a written notice that on a certain day named therein such officer will present such claim to the county judge for settlement. 3. The clerk upon whom such notice and claim are served shall file the same in his office and such notice and claim shall be sub- ject to the inspection of any of the inhabitants of the school district. 4. The meeting at which notice of the intention of such officer to appeal to the county judge is given or any subsequent district meeting, duly called, may appoint one or more of the legal voters of such district or authorize the trustee to employ counsel to 6 162 2TEW YORK STATE EDUCATION DEPAETMENT appear before the county judge at the time fixed for a hearing on such claim and protect the rights of the district upon such settlement. The expenses incurred in the performance of this duty shall be a charge upon the district and the trustees upon a presentation of the account of such exjDenses with proper vouchers therefor shall pay the same from any available funds in the district or include the necessary amount in a tax-list to be levied upon the district. 5. A refusal of the trustees to levy such tax for the payment of such expenses shall be subject to an appeal to the commissioner of education. § 861. Hearing before county judge. 1. Upon the appearance of the parties, or upon due proof of service of the notice and copy of the account, the county judge shall examine into the matter and hear the proofs and allegations presented by ,the parties, and decide by order whether or not the account, or any and what portion thereof, ought justly to be charged upon the dis- trict, with costs and disbursements to such officer. 2. Such costs and disbursements shall not exceed the sum of thirty dollars, and the decision of the county judge shall be final; but no portion of such account shall be so ordered to be paid which shall appear to such judge to have arisen from the wilful neglect or misconduct of the claimant. The account with the oath of the party claiming the same shall be prima facie evidence of the cor- rectness thereof. The county judge may adjourn the hearing from time to time, as justice shall seem to require. § 862. Duty of trustees to carry out order. It shall be the duty of the trustees of any school district, within thirty days after service upon them or upon the district clerk of a copy of an order of the county judge and notice thereof to them or any two of them, to cause the same to be entered at length in the book of record of said district, and to raise the amount thereby directed to be paid, by a tax upon the district, to be by them assessed and levied in the same manner as a tax voted by the district. ARTICLE 34 Appeals or Petitions to Commissioner of Education Section 880. Appeals or petitions to commissioner of education and other proceedings. EDUCATION LAW 163 Section 881. Powers of commissioner upon appeals *of petitions, et cetera. 882. Filed papers and copies thereof. § 880. Appeals or petitions to commissioiier of education and other proceedings. Any person conceiv- ing himself aggrieved may appeal or petition to the commissioner of education who is hereby authorized and required to examine and decide the same ; and the commissioner of education may also institute such proceedings as are authorized under this act and his decision in such appeals, petitions or proceedings shall be final and conclusive, and not subject to question or review in any place or court whatever. Such appeal or petition may be made in consequence of any action: 1. By any school district meeting; 2. By any school commissioner and other officers, in forming or altering, or refusing to form or alter, any school district, or in refusing to apportion any school moneys to any such district or part of a district ; 3. By a supervisor in refusing to pay any such moneys to any such district; 4. By the trustees of any district in paying or refusing to pay any teacher, or in refusing to admit any scholar gratuitously into any school or on any other matter upon which they may or do officially act. 5. By any trustees of any school library concerning such library, or the books therein, or the use of such books ; 6. By any district meeting in relation to the library or any other matter pertaining to the affairs of the district. 7. By any other official act or decision of any officer, school authorities, or meetings concerning any other matter under this chapter, or any other act pertaining to common schools. § 881. "PoweTs of commissioner upon appeals or petitions, et cetera. The commissioner, in reference to such appeals, petitions or proceedings, shall have power: 1. To regulate the practice therein. 2. To determine whether an appeal shall stay proceedings, and prescribe conditions upon which it shall or shall not so operate. 3. To decline to entertain or to dismiss an appeal, when it shall appear that the appellant has no interest in the matter appealed ^ * So in original. 164 NEW YOBK STATE EDUCATION DEPARTMENT from, and that the matter is not a matter of public concern, and that the person injuriously affected by the act or decision appealed from is incompetent to appeal. 4. To make all orders, by directing the levying of taxes or other- wise, which may, in his judgment, be proper or necessary to give effect to his decision. § 882. Filed papers and copies thereof. The com- missioner shall file, arrange in the order of time, and keep in his office, so that they may be at all times accessible, all the pro- ceedings on every appeal or petition to him under this article, in- cluding his decision and orders founded thereon ; and copies of all such papers and proceedings, authenticated by him under his seal of office, shall be evidence equally with the originals. ARTICLE 35 Orplian Schools Section 900. Schools of orphan asylums. 901. Eules subject to supervision of school authorities.. 902. Annual reports. § 900. Schools of orphan asylums. The schools of the several incorporated orphan asylum societies in this state, other than those in the city of New York, shall participate in the distri- bution of the school moneys, in the same manner and to the same extent, in proportion to the number of children educated therein, as the common schools in their respective cities or districts. The schools of said societies shall be subject to the rales and regula- tions of the common schools in such cities or districts, but shall remain under the immediate management and direction of the said soeieties as heretofore. § 901. Rules subject to supervision of school au- thorities. Every such asylum may make all laws, rules and regulations relatives to the education and discipline of their in- mates, as a majority of the trustees thereof at their annual meet- ings shall think fit and proper; but such laws, rules and regula- tions shall not be repugnant to the laws of this state in its policy in reference to public and primary instruction, and shall be sub- ject at all times to the inspection and supervision of the several educational officers of the different villages, towns or cities in which such orphan asylums may be located. EDUCATION LAW 165 § 902. Annual reports. An annual report shall be made and sworn to bj the presiding officer of any such asylum, stating the number of inmates thereof, the time spent by them in pur- suing studies therein, in what studies they shall have been in- structed, and the manner in which the public funds distributed to it shall have been expended, which shall be filed with the commis- sioner of education. ARTICLE 36 Schools for Colored Children Section 920. 'No exclusion on account of race or color. 921. Provision for separate schools. 922. Only qualified teachers shall be employed. § 920. No exclusion on account of race or color. No person shall be refused admission into or be excluded from any public school in the state of New York on account of race or color. § 921. Provision for separate schools. The trustees of any union school district, or of any school district organized under a special act, may, when the inhabitants of any district shall so determine, by resolution, at any annual meeting, or at a special meeting called for that purpose, establish separate schools for the instruction of colored children resident therein, and such school shall be supported in the same manner and receive the same care, and be furnished with the same facilities for instruction, as the white schools therein. § 922. Only qualified teachers shall be employed. No person shall be employed to teach any of such schools who shall not, at the time of such employment, be legally qualified. ARTICLE 37 Indian Schools Section 940. Duties of commissioner regarding Indian children. 941. Co-operation of Indians shall be sought. 942. Rights of Indians and of state shall be guarded. 943. Indian children not entitled to free tuition in pub- lic schools. 944. Employment of teachers, et cetera. 166 NEW YORK STATE EDUCATION DEPARTMENT Section 945. Required attendance upon instruction. 946. Duties of persons in parental relation to Indian children. 947. Penalty for failure to send children to school. 948. Persons employing Indian children unlawfully to be fined. 949. Teachers' record of attendance. 950. Attendance officers. 951. Arrest of truants. 952. Commissioner of education to contract for keeping of truants. 953. Enumeration. 954. Payment of services herein required. § 940. Duties of commissioner regarding Indian cHildren. The commissioner of education shall establish schools in such places and maintain such courses of instruction therein for the education of the Indian children of the state as he shall deem necessary. He shall have general supervision of such edu- cation and shall cause to be erected where necessary convenient and suitable school buildings for the accommodation of all the Indian children of the state. He shall also enforce the statutes relating to the education of the Indians and pay from the funds set apart for Indian education any necessary expense incurred thereby. § 941. Co-operation of Indians shall be sought. In the discharge of the duties imposed by this article, the said com- missioner shall endeavor to secure the co-operation of all the several bands of Indians, and for this purpose, shall visit, by himself or his authorized representative, all the reservations where they reside, lay the matter before them in public assembly, invit- ing them to assist either by appropriating their public moneys to this object, or by setting apart lands and erecting suitable build- ings, or by furnishing labor or materials for such buildings, or in any other way which he or they may suggest as most effectual for the promotion of this object. § 942. Rights of Indians and of state shall be guarded. In any contract which may be entered into with said Indians, for the use or occupancy of any land for school grounds, sites or buildings, care shall be taken to protect the title of the Indians to their lands, and to reserve to the state the right EDUCATION- LAW 167 to remove or otherwise dispose of all improvements made at the expense of the state. § 943. Indian children not entitled to free tuition in public schools. Indian children residing on a reservation are not entitled to free tuition in districts outside the reservation but may be received into the schools of such districts on the ap- proval of the trustees thereof and the commissioner of education. § 944. Employment of teachers, et cetera. The com- missioner of education shall employ all necessary teachers, truant officers and other assistants and employees and fix their salaries as shall be necessary for the proper enforcement of the statutes relating io Indian education. § 945. Required attendance upon instruction. 1. Every Indian child between six and sixteen years of age, in proper physical and mental condition to attend school, shall regu- larly attend upon instruction at a school in which at least the common school branches of reading, spelling, writing, arithmetic, English grammar and geography are taught in English, or upon equivalent instruction by a competent teacher elsewhere than at such school as follows : Every Indian child between fourteen and sixteen years of age not regularly and lawfully engaged in any useful employment or service, and every such child between six and fourteen years of age, shall so attend upon instruction as many days annually during the period between the first days of September and the following July as a public school of the com- munity or district of the reservation, in which such child resides, shall be in session during the same period. 2. If any such child shall so attend upon instruction elsewhere than at the public school, such instruction shall be at least equiva- lent to the instruction given to Indian children of like age at a school of the community or district in which such child shall re- side; and such attendance shall be for at least as many hours of each day thereof, as are required of children of like age at public schools and no greater total amount of holidays and vacations shall be deducted from such attendance during the period such attendance is required than is allowed in public schools for chil- dren of like age. Occasional absences from such attendance, not amounting to irregular attendance in a fair meaning of the term, shall be allowed upon such excuses only as would be allowed in like cases by the general rules and practices of public schools. 168 NEW YORK STATE EDUCATION DEPARTMENT § 946. Duties of persons in parental relation to Indian children. Any person in parental relation to an Indian child between six and sixteen years of age in proper physical and mental condition to attend school, shall cause such child to attend upon instruction as provided in this article. § 947. Penalty for failure to send children to school. A violation of this section shall be a misdemeanor, punishable for the first offense by a fine not exceeding five dollars or by imprisonment not exceeding ten days, and for each subse- quent offense, by a fine not exceeding twenty-five dollars, or by imprisonment not exceeding thirty days, or by both such fine and imprisonment. Courts of special sessions shall, subject to re- moval, as provided in section fifty-seven and fifty-eight of the code of criminal procedure, have exclusive jurisdiction in the first instance to hear, try and determine charges of violation of this section within their respective jurisdictions. § 948. Persons employing Indian children unlaw- fully to be fined. A person, firm, association or corporation shall not employ any Indian child residing on any Indian reser- vation between six and fourteen years of age, in any business or service whatever, during any part of the term during which the school in the community or district in which such child re- sides is in session, or shall not employ any Indian child residing on any reservation between fourteen and sixteen years of age, who does not, at the time of such employment present a consent in writing signed by the principal teacher of the reservation to the effect that such child may be employed, and specifying the nature of the service and the duration of such service or employ- ment. Any person, firm, association or corporation who shall employ any Indian child contrary to the provisions of this section shall for each offense forfeit and pay to the principal teacher of the reservation a penalty of twenty-five dollars, the same, when paid, to be used for the support and maintenance of the schools on said reservation.. § 949. Teachers' record of attendance. An accurate record of attendance of all Indian children between six and sixteen years of age shall be kept by the teacher of every Indian school, showing each day, by the year, month, day of the month and day of the week, such attendance, and the number of hours in each day thereof; and each teacher upon whose instruction EDUCATION LAW 169 such Indian child shall attend elsewhere than at the school in the community or district of the reservation where he resides, shall keep a like record of such attendance. Such records shall at all times be open to the principal teacher of the reservation and its attendance officers who may inspect and copy the same and any teacher shall answer all lawful inquiries made by them. A wilful neglect or refusal to keep such a record or answer such inquiries shall be a misdemeanor. § 950. Attendance officers. The principal teacher of the Indian schools on each reservation shall supervise the enforce- ment of this article within said reservation and shall appoint subject to the approval of the commissioner of education and re- move at pleasure such number of attendance officers as the com- missioner of education shall deem necessary, whose jurisdictions shall extend over all school districts on the reservation for which they shall be appointed. And said principal teachers are also vested with the same power and authority as the attendance officers appointed by them. § 951. Arrest of truants. Any attendance officer may arrest without warrant anywhere within the state, any Indian child between six and sixteen years of age, found away from his home and who is then a truant from instruction upon which he is lawfully required to attend within the districts of which such attendance officer has jurisdiction. He shall forthwith deliver a child so arrested either to the person in parental relation to the child, or to the teacher of the school from which said child is then a truant, or in case of habitual or incorrigible truants, shall bring them before a magistrate for commitment to a truant school, as provided in the next section. § 952. Commissioner of education to contract for keeping of truants. The commissioner of education may contract with any city or district having a truant school, for the confinement, maintenance and instruction therein of any child who shall be committed to such school as a truant by any magis- trate before whom such child shall have been examined upon the charge of truancy. The costs and expenses attending the support and maintenance of any truant, as herein provided, shall be audited by the commissioner of education and paid in the same manner as the expenses of supporting and maintaining the schools on said reservation are paid. 170 NEW YORK STATE EDUCATION DEPARTMENT § 953. Enumeration. The commissioner of education shall cause to be taken a complete enumeration of the Indian in- habitants on said reservation; such enumeration to be taken between the first day of May and the first day of August which shall be tabulated showing the name and age of each Indian per- son on said reservations and in what school district each of such persons resides. The commissioner of education may require any of the teachers employed in the schools on such Indian reservations or other persons to take such enumeration. § 954. Payment of services herein required. Each of the attendance officers herein provided for shall receive such sum per day as shall be fixed by the commissioner of education for each day necessarily employed in enforcing this article; and each person employed in taking and tabulating the census of the residents of said reservations, shall be entitled to receive such compensation as the commissioner of education shall allow. The compensation of truant officers and the expense in taking the enumeration herein provided for shall be auditec" by the commis- sioner of education and paid in the same manner as other accounts for the support and maintenance of the schools on said reservations are now paid. ARTICLE 38 Instruction of Deaf-Mutes and of the Blind Section 970. Duties of commissioner of education. 971. Persons eligible as pupils to institutions for in- struction of the deaf and dumb. 972. Persons eligible as pupils to institutions for instruc- tion of the blind. 973. Support and term of instruction of state pupils. 974. Regulations for admission. 975. Clothing for state pupils. 976. Employment of reader for blind students. 977. Indigent deaf-mute children. 978. Deaf-mute children improperly cared for. 979. Maintenance of children. 980. Payment of expenses of tuition and maintenance. § 970. Duties of commissioner of education. All the institutions for the instruction of the deaf and dumb, and blind, and all other similar institutions, incorporated under the laws of EDUCATION LAW 17 1 the state, or that maj be hereafter incorporated, shall be subject to the visitation of the commissioner of education, and it shall be his duty: 1. To inquire into the organization of the several schools and the method of instruction employed therein. > 2. To prescribe courses of study and methods of instruction that will meet the requirements of the state for the education of state pupils. 3. To make appointments of pupils to the several schools, to transfer such pupils from one school to another as circumstances may require; to cancel appointments for sufficient reason. 4. To ascertain by a comparison with other similar institu- tions, whether any improvements in instruction and discipline can be made ; and for that purpose to appoint from time to time, suit- able persons to visit the schools. 5. To suggest to the directors of such institutions and to the legislature such improvements as he shall judge expedient. 6. To make an annual report to the legislature on all the matters before enumerated, and particularly as to the condition of the schools, the improvement of the pupils, and their treatment in respect to board and lodging. § 971. Persons eligible as pupils to institutions for instruction of the deaf and dumb. All deaf and dumb persons resident in this state and upwards of twelve years of age, who shall have been resident in this state for one year im- mediately preceding the application, or, if a minor, whose parent or parents, or, if an orphan, whose nearest friend shall have been resident in this state for one year immediately preceding the ap- plication, shall be eligible to appointment as state pupils in one of the deaf and dumb institutions of this state, authorized by law to receive such pupils. § 972. Persons eligible as pupils to institutions for instruction of the blind. All blind persons of suit- able age and possessing the other qualifications prescribed for deaf and dumb state pupils under section nine hundred and twenty- one shall be eligible to appointment to the institutions for the blind in the city of 'New York, or in the village of Batavia, as follows : 1. All such as are residents of the counties of New York, Kings, Queens, Suffolk, l^assau, Richmond, Westchester, Putnam and Rockland, shall be sent to the institution for the blind in the city of New York. 172 NEW YORK STATE EDUCATION DEPARTMENT 2. All sucli who reside in other counties of the state shall be sent to the institution for the blind in the village of Batavia. 3. All such appointments, with the exception of those to the institution for the blind in the village of Batavia, shall be made hj the commissioner of education upon application, and in those cases in which, in his opinion, the parents or guardians of the ap- plicants are able to bear a portion of the expense, he may impose conditions whereby some proportionate share of expense of educat- ing and clothing such pupils shall be paid by their parents, guard- ians or friends, in such manner and at such times as the commis- sioner shall designate, which conditions he may modify from time to time, if he shall deem it expedient to do so. § 973. Support and term of instruction of state pupils. 1. Each pupil so received into any of the institutions aforesaid shall be provided with board, lodging and tuition; and the directors of the institution shall receive an annual appro- priation for each pupil so provided for, in quarterly payments, to be paid by the treasurer of the state, on the warrant of the comp- troller, to the treasurer of said institution, on his presenting a bill showing the actual time and number of such pupils attending the institution, which bill shall be signed by the president and secre- tary of the institution, and verified by their oaths. 2. The regular term of instruction for such pupils shall be five years; but the commissioner of education may, in his discretion, extend the term of any pupil for a period not exceeding three years. The pupils provided for in this section and sections nine hundred and seventy-one and nine hundred and seventy-two of this article shall be designated state pupils; and all the existing provisions of law applicable to state pupils now in said institu- tions shall apply to pupils herein provided for. § 974. Regulations for admission. The commissioner of education may make such regulations and give such directions to parents and guardians, in relation to the admission of pupils into either of the above-named institutions, as will prevent pupils entering the same at irregular periods. § 975. Clothing for state pupils. 1. The supervisors of any county in this state from which county state pupils may be hereafter appointed to any institution for the instruction of the deaf and dumb, whose parents or guardians are unable to furnish them with suitable clothing, are hereby authorized and required to raise in each year for each such pupil from said county, the sum of thirty dollars. EDUCATION LAW 173 2. The supervisors of any county in this state from which state pupils shall be sent to and received in the New York institution for the blind, whose parents or guardians shall, in the opinion of the commissioner of education, be unable to furnish them with suitable clothing are hereby authorized and directed, in every year while such pupils are in said institution, to raise and appropriate thirty dollars for each of said pupils, and to pay the sum so raised to the said institution, to be by it applied to furnishing such pupils with suitable clothing while in said institution. 3. If in any case all or any of said moneys are not expended before the expiration of the periods of appointment of such pupils, then the unexpended residue shall go into the general clothing fund of the said institution, to be by it devoted to furnishing state pupils with suitable clothing. 4. If said sums shall not be paid to the said institution within six months after the annual meeting of the supervisors of any of said counties, the sums so unpaid shall bear interest at the rate of seven per centum per annum, from the expiration of said six months until the same be paid. 5. The supervisors of any county in this state from whose pauper institutions pupils shall be sent to the said institution for the blind, shall raise, appropriate and pay to the order of the comptroller of the state, towards the expense of educating and clothing such pupils, a sum equal to that which the county would have to pay to support the pupils as paupers at home. This sub- division does not apply to the counties of "New York, Kings, Queens, iN'assau and Suffolk. 6. The supervisors, or officers corresponding thereto, of the counties of New York, Kings, Queens, Nassau and Suffolk, from which state pupils shall be sent to and received in the New York institution for the blind, whose parents or guardians shall, in the opinion of the commissioner of education, be unable to furnish them with suitable clothing, are hereby authorized and directed, in every year while such pupils are in said institution, to raise and appropriate fifty dollars for each of said pupils from said coun- ties, respectively, and to pay the sum so raised to the said institu- tion, to be by it applied to furnishing such pupils with suitable clothing while in said institution. 7. If in any year hereafter there shall be any surplus of the amount above required to be paid yearly by the said counties for clothing for pupils from said counties, respectively, then such 1Y4: NEW YORK STATE EDUCATION DEPARTMENT surplus shall be deducted pro rata tlie ensuing year from the amount above required to be paid by the said counties respectively. § 976. Employment of reader for blind students. 1. Whenever a blind person, who is a citizen of this state and a pupil in actual attendance at a college, university, technical or professional school located in this state and authorized by law to grant degrees, other than an institution established for the regular instruction of the blind, shall be designated by the trustees thereof as a fit person to receive the aid hereinafter provided for, there shall be paid by the state for the use of such pupil the sum of three hundred dollars per annum with which to employ persons to read to such pupil from text-books and pamphlets used by such pupil in his studies at such college, university or school. 2. Such moneys shall be paid annually, after the beginning of the school year of such institution, by the treasurer of the state on the warrant of the comptroller, to the treasurer of such institu- tion, on his presenting an account showing the actual number of blind pupils matriculated and attending the institution, which account shall be verified by the president of the institution and accompanied by his certificate that the trustees have recommended the pupils named in said account as hereinbefore provided. 3. The trustees of any of the said institutions shall recommend no blind person, who is not regularly matriculated, and who is not in good and regular standing, and who is not working for a degree from the institution in which he is matriculated; and no blind person shall be recommended, who is not doing the work regularly prescribed by the institution for the degree for which he is a can- didate. The moneys so paid to any such institution shall be dis- bursed for the purposes aforesaid by and under the direction of its board of trustees. § 977. Indigent deaf-mute children. Whenever a deaf-mute child under the age of twelve years shall become a charge for its maintenance on any of the towns or counties of this state, or shall be liable to become such charge, it shall be the duty of the overseers of the poor of such town or of the board of super- visors of such county to place such child in one of the institutions enumerated in the next section. § 978. Deaf-mute children improperly cared for. Upon the application of any parent, guardian or friend of a deaf- mute child, within this state, over the age of five years and under the age of twelve years, the overseer of the poor or the supervisor EDUCATION LAW 175 of the town where such child may be, shall place such child in one of the institutions authorized by the laws of eighteen hundred and ninety-two, chapter thirty-six, to receive such pupils, as follows : 1. The l^ew York institution for the deaf and dumb ; or, 2. The institution for the improved instruction of deaf- mutes; or, 3. The Le Couteulx Saint Mary's institution for the improved instruction of deaf-mutes in the city of Buffalo ; or, 4. The Central N'ew York institution for deaf-mutes in the city of Rome; or, 6. The Albany home school for the oral instruction of the deaf at Albany; or, 6. To any other institution in the state for the education of deaf-mutes as to which the state board of charities shall have filed with the commissioner of education a certificate to the effect that said institution has been duly organized and is prepared for the reception and instruction of such pupils. § 979. Maintenance of children. The children placed in said institutions, in pursuance of the last two sections, shall be maintained therein at the expense of the county from whence they came, provided that such expense shall not exceed three hun- dred and twenty-five dollars each per year, until they attain the age of twelve years, unless the directors of the institution to which a child has been sent shall find that such child is not a proper subject to remain in said institution. [Thus amended hy L, 1910, ch. 322, in ejfect May 18, 1910.] § 980. Payment of expenses of tuition and main- tenance. The expenses for the board, tuition and clothing for such deaf-mute children, placed as aforesaid in said institutions, not exceeding the amount of three hundred and twenty-five dollars per year, above allowed, shall be raised and collected as are other expenses of the county from which such children shall be received ; and the bills therefor, properly authenticated by the principal or one of the officers of the institution, shall be paid to said institu- tion by the said county ; and its county treasurer or chamberlain, as the case may be, is hereby directed to pay the same on presen- tation, so that the amount thereof may be borne by the proper county. [Thus amended hy L. 1910, ch. 322, m effect May 18, 1910.] 176 NEW YORK STATE EDUCATION" DEPARTMENT ARTICLE 39 New York State School for tlie Blind Section 990. Change of name. 991. Requisites for admission. 992. Applicants from without the state. 993. Applications for admission. 994. Object of institution. 995. Appointment and terms of trustees. 996. Filling vacancies. 997. Trustees entitled to mileage; disabilities. 998. General powers of trustees. 999. Officers, committees and seal. 1000. Secretary. 1001. Treasurer's duties and bond. 1002. Appointment of superintendent, instructors and assistants. 1003. Purchase of equipment. 1004. Duty to provide clothing and pay traveling ex- penses. 1005. Charges against county. 1006. Accounts against counties and payment thereof. 1007. Reimbursement of counties. 1008. Entitled to publications and may receive bequests and donations. 1009. Records and annual reports. 1010. Payments by state treasurer. 1011. Drafts upon state treasury. 1012. Consent of trustees to construction of sewers. § 990. Change of name. The New York state institution for the blind as the same was authorized to be established by chap- ter five hundred and eighty-seven of the laws of eighteen hundred and sixty-five and the acts supplemental thereto and renamed the " 'New York state school for the blind " by laws of eighteen hun- dred and ninety-five, chapter five hundred sixty-three, shall con- tinue to be known and designated as the ^^ New York state school for the blind." § 991. Requisites for admission. All blind persons of suitable age and capacity for instruction, who are legal residents of the state, shall be entitled to the privileges of the New York state EDTJCATION LAW 177 school for the blind, without charge, and for such a period of time in each individual case as may be deemed expedient by the board of trustees of said school; provided, that whenever more persons apply for admission at one time than can be properly accommo- dated in the school, the trustees shall so apportion the number re- ceived, but each county may be represented in the ratio of its blind population to the total blind population of the state ; and provided further, that the children of citizens who died in the United States service, or from wounds received therein during the late rebellion, shall take precedence over all others. § 992. Applicants from ivithout the state. Blind persons from without the state may be received into the school upon the payment of an adequate sum, fixed by the trustees, for their boarding and instruction; provided that such applicant shall in no case exclude those from the state of ITew York. § 993. Applications for admission. Applications for admission into the school shall be made to the board of trustees in such manner as they may direct, but the board shall require such application to be accompanied by a certificate from the county judge or county clerk of the county or the supervisor or town clerk of the town, or the mayor of the city where the applicant resides, setting forth that the applicant is a legal resident of the town, county and state claimed as his residence. § 994. Object of institution. The primary object of the school shall be, to furnish to the blind children of the state the best known facilities for acquiring a thorough education, and train them in some useful profession or manual art, by means of which they may be enabled to contribute to their own support after leav- ing the school ; but it may likewise, through its industrial depart- ment, provide such of them with appropriate employment and boarding accommodations as find themselves unable, after com- pleting their course of instruction and training, to procure these elsewhere for themselves. It shall, however, be in no sense an asy- lum for those who are helpless from age, infirmity or otherwise^ or a hospital for the treatment of blindness. § 995. Appointment and terms of trustees. The governor shall continue, each alternate year, to appoint, by and with the consent of the senate, three trustees who shall serve for a term of six years. Two of the board must be residents of the county of Genesee, and a majority must be resident's within fifty miles of said school. 178 NEW YORK STATE EDUCATION DEPARTMENT § 996. Filling vacancies. In case of the declination of any member of said board of trustees to act under his appoint- ment, or of the occurrence of any other casual vacancy in the board, the governor shall forthwith appoint some suitable person to fill such vacancy, and the member so appointed shall serve out the term of his predecessor. § 997. Trustees entitled to mileage; disabilities. The trustees shall receive no compensation as such, but they may allow themselves mileage, at the same rate as that paid to mem- bers of the legislature, for any distance actually traveled in the service of the school. ]^or shall any trustee be pecuniarily in- terested in any contract for buildings pertaining to the school, or in furnishing supplies therefor. § 998. General powers of trustees. The board of trus- tees shall have charge of all the affairs of the school, with power to make all necessary by-laws and regulations for their govern- ment and the proper management of the school, as well as for the admission of pupils, and to do all else which may be found neces- sary for the advancement of its humane design. § 999. Officers, committees and seal. They shall elect from their own number a president and treasurer, together with such standing committees as they may deem necessary, and adopt a common seal for the school. § 1000. Secretary. The board of trustees may elect a secretary, who shall serve during the pleasure of the board, and who shall not be a member thereof, and may fill any vacancy in the said office as often as the same shall occur, and may prescribe his duties and fix his compensation. § 1001. Treasurer's duties and bond. 1. The treas- urer shall have the custody of all the funds of the school, and pay out the same only upon properly authenticated orders of the board or executive committee. 2. Before entering upon the duties of his office, he shall execute and file in the office of the comptroller, a bond with such sureties and in such amount of penalty as the comptroller shall require and approve, conditioned for the faithful discharge of his duties as such treasurer. § 1002. Appointment of superintendent, instruct- ors and assistants. The trustees shall have power to appoint a competent and experienced superintendent, who shall be the chief executive officer of the school, together with an efficient corps EDUCATIOlSr LAW 1Y9 of instructors and other subordinate officers; prescribe the duties and terms of service of the same; fix and pay their salaries, and for just cause, remove any or all of them from office. They shall likewise employ the requisite number of servants and other as- sistants in the various departments of the school and pay the wages of the same. § 1003. Purchase of equipment. They shall purchase all furniture, apparatus and other supplies necessary to the equip- ment and carrying on of the school in the most efficient manner. § 1004. Duty to provide clothing and pay traveling expenses. 1. When any blind person shall, upon proper appli- cation, be admitted into the school, it shall be the duty of his parents, guardians or other friends, to suitably provide such per- son with clothing at the time of entrance and during continuance therein, and likewise to defray his traveling expenses to and from the school, at the time of entrance and discharge, as well as at the beginning and close of each session of the school, and at any other time when it shall become necessary to send such person home on account of sickness or other exigency. 2. Whenever it shall be deemed ^necesary by the trustees to have such person permanently removed from the school, in accord- ance with the by-laws and regulations thereof, the same shall be promptly removed upon their order, by his parents, guardians or other friends. § 1005. Charges against county. 1, If the friends of any pupil from within the state of 'New York shall fail through neglect or inability to provide the same with proper clothing or with funds to defray his necessary traveling expenses to and from the school, or to remove him therefrom, as required in the preced- ing section, the trustees shall furnish such clothing, pay such travel- ing expenses, or remove such pupil to the care of the overseers of the poor of his township, and charge the cost of the same to the county to which the pupil belongs, provided that the annual amount of such expenditures on account of any one pupil shall not exceed the sum of sixty dollars. 2. And in case of the death of any pupil at the school, whose remains shall not be removed or funeral expenses borne by the friends thereof, the trustees shall defray the necessary burial ex- penses, and charge the same to his county as aforesaid. * So in original. 180 NEW YORK STATE EDUCATION DEPARTMENT 3. Upon the completion of their course of training in the indus- trial department, the trustees may furnish to such worthy poor pupils as may need it, an outfit of machinery and tools for com- mencing business, at a cost not exceeding seventy-five dollars each, and charge the same to the proper county as aforesaid. § 1006. Accounts against counties and payment thereof. On the first day of October in each year, the trustees shall cause to be made out against the respective counties con- cerned, itemized accounts, separate in each case, of the expendi- tures authorized by the preceding section, and forward the same to the board of supervisors chargeable with the account. The board shall thereupon direct the county treasurer to pay the amount so charged to the treasurer of the school for the blind, on or before the first day of March next ensuing. § 1007. Reimbursement of counties. The counties against which the said accounts shall be made out as aforesaid, shall cause their respective treasurers, in the name of their re- spective counties, to collect the same, by legal process, if necessary, from the parents or estates of the pupils who have the ability to pay, on whose account the said expenditures shall have been made ; provided that at least five hundred dollars' value of the property of such parents or estate shall be exempt from the payment of the accounts aforesaid. § 1008. Entitled to publications and may receive bequests and donations. The school shall be entitled to receive copies of all books and other publications which are dis- tributed gratuitously by the state to township or county libraries, common schools, academies, colleges and societies. It may also receive in the name of the state, bequests or donations of money or any kind of property, but such money or property shall, in all cases, belong to the state, and be subject to its control; provided that the same shall not be diverted from the particular object for which it shall be bequeathed or donated.. § 1009. Records and annual reports. The board of trustees shall keep full and complete records of their proceedings, and make an annual report of the same to the legislature, at the commencement of the regular session thereof, strictly accounting In detail for their expenditures, on account of the school, during ^he preceding fiscal year of the state, setting forth the progress and condition of the several departments of the school, making such suggestions concerning its future management as they may EDUCATIOlSr LAW 181 deem essential, and submitting proper estimates of the funds needed for its support, as well as for building and all other purposes. § 1010. Payments by state treasurer. The state treas- urer is hereby directed to pay over to the board of trustees, upon the warrant of the comptroller, all moneys which shall hereafter be appropriated on account of the l^ew York state school for the blind; the general appropriations for the current support of the school, to be paid in equal quarterly installments, and specific ap- propriations for building and other purposes, to be paid when needed by the trustees. § 1011. Drafts upon state treasury. All drafts upon the state treasury on behalf of the school shall be based upon orders of the board of trustees, signed by the president and secretary of the same, and attested by the common seal of the school § 1012. * Consent of trustees to construction of sew- ers. The board of trustees of the New York State School for the Blind shall have power and authority to grant to the village of Batavia a license to lay, construct and maintain as a part of the general sewer system of such village, a sewer or sewers in, through, under and along the lands of such school in the village of Ba- tavia, upon such conditions as such board may prescribe. [Thus amended by L. 1910, ch, 53.] ARTICLE 40 Cornell University- Section 1030. Cornell university continued. 1031. Trustees; election of trustees. 1032. Extent of farm and grounds; special constables. 1033. Objects and powers of the corporation. 1034. Extent to which property may be held. 1035. Trustees shall make reports; university subject to visitation of regents. 1036. Eestrictions on alienation of property. 1037. State scholarship in Cornell university. 1038. !N'ew York state veterinary college. 1039. New York state college of agriculture. § 1030. Cornell university continued. The corpora- tion known as Cornell university, located at Ithaca, is continued * This section was added to the former Education Law as § 962. It is inserted in its proper place in this article. 182 NEW YORK STATE EDUCATION DEPARTMENT with all the rights, and subject to all the liabilities contained in the act of incorporation, being laws of eighteen hundred and sixty- five, chapter five hundred and eighty-five, as amended. § 1031. Trustees; election of trustees, i. The board of trustees of said Cornell university shall hereafter be made up and constituted as follows: the governor, the lieutenant-governor, the speaker of the house of assembly, the commissioner of educa- tion, the president of the state agricultural society, the commis- sioner of agriculture, the librarian of the Cornell library and the president of the said university, shall be trustees thereof ex-ofiicio, and the eldest lineal male descendant of Ezra Cornell shall be a trustee thereof during his life. To fill the vacancies in the board existing among the elective trustees prior to this enactment, the governor shall appoint five trustees subject to confirmation by the senate, one of whom shall be appointed to serve for one year, one for two years, one for three years, one for four years, and one for five years, the term of office of each of whom shall commence at the beginning of the commencement week next succeeding his appoint- ment. Prior to the expiration of the term of office of the trustee appointed for one year as above provided and annually thereafter, the governor shall appoint, subject to confirmation by the senate, one trustee for the term of five years, whose term of office shall be- gin at the expiration of the term of the retiring trustee. In the event of a vacancy occurring among the trustees appointed by the governor, by death or otherwise, the governor, subject to confirma- tion by the senate, as provided aforesaid, shall appoint a trustee to fill the vacancy for the unexpired term. There shall also be twenty-six elective trustees, fifteen of whom shall be elected by the board of trustees, and ten by the alumni of said university, and one each year by the executive committee of the ^ew York state grange to be elected at the time of the annual meeting of said grange, such trustee so elected to be elected for a term of one year, his term of office to commence at the beginning of the first commencement week subsequent to his election; but at no time shall a majority of the board be of any one religious sect or of no religious sect. 2. The board of trustees shall elect each year three trustees, and as many more as may be necessary to fill vacancies, among mem- bers elected by them caused by resignation or death. The alnmni of said university shall meet annually in Ithaca, on the day before commencement, and at the meeting of the alumni at each annual commencement said alumni shall elect two trustees, and as many EDUCATION LAW 183 more as may be necessary to fill vacancies arising from resignations or deaths among the number previously elected by them. Except as hereinbefore otherwise provided the term of office of each elec- ti\'e trustee shall be five years from the annual commencement at which he is elected; but if elected by the board of trustees at a meeting thereof during the academic year, his term shall then be five years from the commencement immediately preceding his elec- tion ; but every trustee shall hold over until his successor is elected or appointed as above provided. 3. The election of trustees by the board shall be by ballot, and fifteen ballots shall concur before any one is elected; and twelve shall constitute a quorum for the transaction of business. Who shall be alumni of said university sl^all be prescribed by its board of trustees. The election of trustees by the alumni shall be by ballot, and shall be conducted in the following manner and under the following provisions : A register of the signature and address of each of the said alumni of the said university shall be kept by the treasurer of the said university at his business office. Any ten or more alumni may file with the treasurer, on or before the first day of April in each year, written nominations of the trustees to be elected by the alumni at the next commencement. Forthwith after such first day of April a list of such candidates shall be mailed by said treasurer to each of the alumni at his address. Each alumnus may vote by transmitted ballot for trustees to be elected by the alumni at any commencement, in accordance with such regu- lations as to the method and time of voting as may be prescribed by the alumni and approved by the trustees of the university or its executive committee. The candidates to the extent of the number of places to be filled having the highest number of votes upon the first ballot shall be declared elected, provided that each of said candidates has received the votes of at least one-third of all the alumni voting at said election ; but if there shall be a failure to fill all or one or more of the vacancies, caused by expiration of term or otherwise, by reason of the fact that one or more candidates having the highest number of votes as above fail to receive the votes of at least one-third of the alumni voting, then and in that event such vacancies shall be filled by the alumni personally present at said meeting, the election being limited to candidates not elected on the first ballot, if there is a sufficient number thereof, having the highest pluralities, not exceeding two candidates for each place thus to be filled. 184 NEW YOEK STATE EDUCATIOTT DEPARTMENT § 1032. Extent of farm and grounds; special con- stables. The farm and grounds occupied by said corporation, whereupon its buildings are erected, or shall be erected in such manner and to such extent as the trustees may from time to time direct and provide for, shall consist of not less than two hun- dred acres. For the protection of the grounds, farm buildings and property of the university, the supervisor of the town of Ithaca may appoint, upon the recommendation of the board of trustees of said Cornell university, not more than three suitable persons, as special constables, who shall have and exercise within the boundaries of such university grounds, the powers and duties of constables of towns, and whose compensation shall be regulated and paid by said board of trustees of the university. § 1033. Objects and powers of tbe corporation. The leading object of said corporation shall be to teach such branches of learning as are related to agriculture and the mechanic arts, including military tactics, in order to promote the liberal and practical education of the industrial classes in the several pur- suits and professions in life. But such other branches of science and knowledge may be embraced in the plan of instruction and investigation pertaining to the university as the trustees may deem useful and proper. Said university is authorized to es- tablish faculties, departments and branches and carry on its work at any places in this state and to confer any and all literary, scientific, technical and professional degrees, and in testimony thereof award certificates and diplomas. Persons of every re- ligious denomination, or of no religious denomination, shall be equally eligible to all ofiices and appointments. § 1034. Extent to wbich property may be held. The said corporation may take and hold real and personal property to such an amount as may be or become necessary for the proper conduct and support of the several departments of education here- tofore established or hereafter to be established by its board of trustees, and such property real and personal as has been, or may hereafter be given to said corporation by gift, grant, devise or bequest in trust or otherwise, for the use and purposes per- mitted by its charter, and in cases of trusts so created, the several trust estates shall be kept distinct, and the interest or income shall be faithfully applied to the purposes of such trust, in ac- cordance with the provisions of the act or instrument by which the respective trusts were created. EDUCATION LAW 185 § 1035. Trustees shall make reports; university subject to visitation of regents. The trustees of said uni- versity shall make all the reports and perform such other acts as may be necessary to conform to the act of congress entitled "An act donating public lands to the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts'' approved July second, eighteen hundred and sixty-two. The said university shall be subject to visitation of the regents of the university of the state of l^ew York. § 1036. Restrictions on alienation of property. The said university grounds, farm, work-shops, fixtures, machinery, apparatus, cabinets and library, shall not be incumbered, aliened or otherwise disposed of by the said trustees, or by any other person, except on terms such as the legislature of the state of New York shall have approved, and any act of the said trustees, or that of any other person which shall have that effect, shall be void. § 1037. State scholarships in Cornell university. The several departments of study in Cornell university shall be open to applicants for admission thereto at the lowest rates of expense consistent with its welfare and efficiency, and without distinction as to rank, class, previous occupation or locality. But, with a view to equalize its advantages to all parts of the state, the institution shall receive students to the number of one each year from each assembly district in this state, to be selected as hereinafter provided, and shall give them instruction in any or in all the proscribed branches of study in any department of said institution, free of any tuition fee or of any incidental charges to be paid to said university, unless such incidental charges shall have been made to compensate for materials consumed by said students or for damages needlessly or purposely done by them to the prop- erty of said university. The said free instruction shall, moreover, be accorded to said students in consideration of their superior abil- ity, and as a reward for superior scholarship in the academies and public schools of this state. Said students shall be selected as the legislature may from time to time direct, and until otherwise or- dered as follows: 1. A competitive examination, under the direction of the educa- tion department, shall be held at the coimty court-house in each county of the state, upon the first Saturday in June, in each year, by the city superintendents and the school commissioners of the county. 186 NEW YORK STATE EDUCATION DEPARTMENT 2. None but pupils of at least sixteen years of age and of six months' standing in the common schools or academies of the state, during the year immediately preceding the examination, shall be eligible. ' 3. Such examination shall be upon subjects designated by the president of the university and upon question papers prepared under the direction of the commissioner of education. 4. The city superintendents and school commissioners of each county shall immediately after the close of the examination for- ward to the commissioner of education all answer papers submitted by candidates in such examination, all statements of candidates and a report of the names of candidates in such form as the com- missioner of education shall require. 5. In case any candidate who may become entitled to a scholar- ship shall fail to claim the same, or shall fail to pass the entrance examination at such university, or shall die, resign, absent him- self without leave, be expelled or, for any other reason, shall abandon his right to or vacate such scholarship either before or after entering thereupon, then the candidate certified to be next entitled in the same county shall become entitled to the same. In case any scholarship belonging to any county shall not be claimed by any candidate resident in that county, the commissioner of edu- cation may fill the same by appointing thereto some candidate first entitled to a vacancy in some other county. In any such case, the president of the university shall at once notify the commissioner of education and that officer shall immediately notify the candi- date next entitled to the vacant scholarship of his right to the same 6. Any state student who shall make it appear to the satisfac- tion of the president of the university that he requires leave of absence, for the purpose of earning funds with which to defray his living expenses ^which in attendance, may, in the discretion of the president, be granted such leave of absence, and may be al- lowed a period not exceeding six years from the commencement thereof for the completion of his course at said university. 1. In certifying the qualifications of the candidates, prefer- ence shall be given, where other qualifications are equal, to the children of those who have died in the military or naval service of the United States. 8. !N"otices of the time and place of the examinations shall be given in all the schools having pupils eligible thereto, prior to • So in original. EDUCATION- LAW 187 the first day of January in each year, and shall be published once a week, for three weeks, in at least two newspapers in each county immediately prior to the holding of such examinations. The cost of publishing such notices and the necessary expenses of such ex- amination shall be a charge upon each county, respectively, and shall be audited and paid by the board of supervisors thereof. 9. The commissioner of education shall attend to the giving and publishing of the notices hereinbefore provided for. He may, in his discretion, direct that the examination in any county may be held at some other time and place than that above specified, in which case it shall be held as directed by him. He shall keep full records in his department of all candidates attending such exam- inations and shall notify candidates of their rights under this chap- ter. He shall determine any controversies which may arise under the provisions of this chapter. He is hereby charged with the gen- eral supervision and direction of all matters in connection with the filling of such scholarships. Students enjoying the privileges of free scholarships shall, in common with the other students of said university, be subject to all the examinations, rules and require- ments of the board of trustees or faculty of said university, except as herein provided. § 1038. New York state veterinary college. 1. The state veterinary college, established by chapter one hundred and fifty-three of the laws of eighteen hundred and ninety-four, shall continue to be known as the "New York state veterinary college. The object of said veterinary college shall be : To conduct investi- gations as to the nature, prevention and cure of all diseases of animals, including such as are communicable to man and such as cause epizootics among live stock ; to investigate the economical questions which will contribute to the more profitable breeding, rearing and utilization of animals; to produce reliable standard preparations of toxins, antitoxins and other products to be used in the diagnosis, prevention and cure of diseases and in the con- ducting of sanitary work by approved modem methods; and to give instruction in the normal structure and function of the animal body, in the pathology, prevention and treatment of animal dis- eases, and in all matters pertaining to sanitary science as applied to live stock and correlatively to the human family. 2. All buildings, furniture, apparatus and other property here- tofore or hereafter erected or furnished by the state for such veterinary college shall be and remain the property of the state. 188 JSEW YORK STATE EDUCATION DEPARTMENT The Cornell university shall have the custody and control of said property, and shall, with whatever state moneys may be received for the purpose, administer the said veterinary college, with authority to appoint investigators, teachers and other officers, to lay out lines of investigation, to prescribe the requirements for admission and the course of study and with such other power and authority as may be necessary and proper for the due administra- tion of such veterinary college. 3. Said university shall receive no income, profit or compensa- tion therefor, but all moneys received from state appropriations for the said veterinary college or derived from other sources in the course of the administration thereof, shall be kept by said university in a separate fund from the moneys of the university, and shall be used exclusively for said E'ew York state veterinary college. Such moneys as may be appropriated to be paid to the Cornell university by the state in any year, to be expended by said university in the administration of said veterinary college, shall be payable to the treasurer of Cornell university in three equal payments to be made on the first day of October, the first day of January, and the first day of April in such year, and within thirty days after the expiration of the period for which each instalment is received the said university shall furnish the comptroller of the state of 'New York satisfactory vouchers for the expenditure of such instalment. 4. The said university shall expend such moneys and use such property of the state in administering said veterinary college, and shall report to the governor during the month of January in each year, a detailed statement of such expenditures and of the general operations of the said veterinary college. 5. ISTo tuition fee shall be required of a student pursuing the regular veterinary course, who for a year or more immediately preceding his admission to said veterinary college shall have been a resident of this state. The tuition fees charged to other students and all other fees and charges in said veterinary college shall be fixed by Cornell university, and the moneys so received shall be expended for the current expenses of the said veterinary college. § 1039. New York state college of agriculture. The state college of agriculture, established by chapter six hundred and fifty-five of the laws of nineteen hundred and four, shall con- tinue to be known as the New York state college of agriculture at Cornell university. The object of said college of agriculture EDUCATION- LAW 189 shall be to improve the agricultural methods of the state, to develop the agricultural resources of the state in the production of crops of all kinds, in the rearing and breeding of live-stock, in the manufacture of dairy and other products, in determining better methods of handling and marketing such products, and in other- ways; and to increase intelligence and elevate the standards of living in the rural districts. For the attainment of these objects the college is authorized to give instruction in the sciences, arts and practices relating thereto, in such courses and in such man- ner as shall best serve the interests of the state ; to conduct exten- sion work in disseminating agricultural knowledge throughout the state by means of experiments and demonstrations on farms and gardens, investigations of the economic and social status of agri- culture, lectures, publication of bulletins and reports, and in such other ways as may be deemed advisable in the furtherance of the aforesaid objects; to make researches in the physical, chemical, biological and other problems of agriculture, the application of such investigations to the agriculture of "New York, and the publication of the results thereof. All buildings, furniture, appa- ratus and other property heretofore or hereafter erected or fur- nished by the state for such college of agriculture shall be and remain the property of the state. The Cornell university shall have the custody and control of said property, and shall, with whatever state moneys may be received for the purpose, admin- ister the said college of agriculture, with authority to appoint investigators, teachers and other officers and employees, to lay out lines of investigation, to prescribe the requirements for admis- sion and the course of study and with such other power and authority as may be necessary and proper for the due adminis- tration of such college of agriculture. Said university shall re- ceive no income, profit or compensation therefor, but all moneys received from state appropriations for the said college of agri- culture or derived from other sources in the course of the admin- istration thereof, shall be credited by said university to a separate fund, and shall be used exclusively for said 'New York state college of agriculture. Such moneys as may be appropriated to be paid to the Cornell university by the state in any year, to be expended by said university in the administration of said college of agri- culture, shall be payable to the treasurer of Cornell university in three equal payments to be made on the first day of October, the first day of January, and the first day of April in such year, 190 NEW YORK STATE EDUCATION" DEPARTMENT and within sixtj^ days after the expiration of the period for which each instalment is received the said university shall furnish the comptroller vouchers approved by the commissioner of agriculture for the expenditures of such instalment. The said university shall expend such moneys and use such property of the state in administering said college of agriculture as above provided, and shall report to the commissioner of agriculture in each year on or before the first day of December, a detailed statement of such expenditures and of the general operations of the said college of agriculture for the year ending the thirtieth day of September then next preceding. Fees and charges in said college of agri- culture shall be fixed by Cornell university, and the moneys received from these sources and from the sales of products shall be credited to a separate fund and shall be used for the current expenses of the said college of agriculture. ARTICLE 41 State School of Ag'riculture at Saint Law- rence University Section 1050. Corporate name. 1051. Objects and purposes of school. 1052. Supervision and control of school. 1053. Maintenance. § 1050. Corporate name. The school of agriculture es- tablished by chapter six hundred and eighty-two of the laws of nineteen hundred and six shall continue to be known as the New York State School of Agriculture of The St. Lawrence Univer- sity. [Thus amefided hy L. 1910, cli. 413, in effect June 8, 1910.] § 1051. Objects and purposes of school. Such school shall have for its objects and purposes: 1. The elementary and practical instruction of pupils attend- ing such school in agriculture and allied subjects. 2. The giving of instruction by means of schools, lectures and other university extension methods for the promotion of agri- cultural knowledge. 3. The conducting of investigations and experiments for the purpose of ascertaining the best method of fertilization of fields, EDUCATION LAW 191 gardens and plantations and the best modes of tillage and farm management and improvement of live-stock. 4. The printing of leaflets and the dissem^ination of agricul- tural knowledge by means of lectures and otherwise; the print- ing and free distribution of the results of such investigations and experiments, and the publication of bulletins containing such information as may be deemed desirable and profitable in pro- moting the agricultural interests of the state, such work to be conducted as far as practicable in harmony with the college of agriculture at Cornell university. § 1052. Supervision and control of school. The board of trustees of The St. Lawrence university shall have the general care, supervision and control of such school, and of all its affairs, and to carry out its object and purposes shall: 1. Employ and at pleasure remove officers, teachers, clerks, assistants and such other persons as it shall deem necessary to the proper conduct of said school; and fix their compensation. 2. Adopt rules not inconsistent with law controlling the affairs of such school. 3. Prescribe the courses of instruction and the methods of in- vestigation and experiments to be followed in such school. 4. Acquire by deed, gift, devise, or lease, real property suit- able for practical and experimental agriculture, horticulture and forestry, and manage the same for the benefit of said school, de- voting any income that may be derived therefrom to the main- tenance thereof, provided, however, that no land shall be pur- chased with funds furnished by the state, unless a special appro- priation is made therefor. [Thus amended by L. 1910, cli. 443, in effect June 8, 1910.] § 1053. Maintenance. 1. Prior to the first day of Octo- ber in each year the treasurer of The St. Lawrence university* shall file with the comptroller his bond, with an incorporated surety company authorized to do business in the state of New York as surety, in a penalty equal to one-fourth of the amount appropriated by the legislature for the maintenance of said agri- cultural school for the succeeding year, conditioned that he will faithfully account for all moneys received by him during the next state fiscal year. After the filing of said bond, the comptroller shall pay over to the said treasurer on the first days of each of the months of October, January, April and July next succeeding, one-fourth part of said appropriation. 192 NEW YOEK STATE EDUCATION DEPARTMENT 2. All bills for the maintenance of said school shall be exam- ined and audited by the executive committee of said board of trustees ; and when so audited and properly certified by the presi- dent and secretary of said board, and the audit approved by the commissioner of agriculture, the amount thereof shall be credited by the comptroller against the funds theretofore advanced to said treasurer as above provided. [Added hy L. 1910, ch, 443, in effect June 8, 1910.] ARTICLE 42 State School of Ag'riculture at Alfred University Section 1070. Corporate name. lOYl. Objects and purposes of school. 1072; Supervision and maintenance of school. § 1070. Corporate name. The school of agriculture estab- lished by chapter two hundred of the laws of nineteen hundred and eight shall continue to be known as the 'New York state school of agriculture at Alfred university. § 1071. Objects and purposes of school. The objects of the New York state school of agriculture at Alfred university shall be to give elementary and practical instruction in agriculture and kindred subjects ; to conduct, for the improvement of such instruction, investigations and experiments in agricultural methods and resources in western New York, and in means and methods for the care and improvement of live stock; to stimulate agricultural pursuits, and to increase knowledge by which such industry may be successfully carried on ; such work shall be co-ordinated so far as practicable with that at the New York state college of agricul- ture at Cornell university; and furnish both a practical training for the pursuit of agriculture, and complemental training, pre- liminary to advanced courses in said state college of agriculture at Cornell university. § 1072. Supervision and maintenance of school. Alfred university shall have the custody and control of the prop- erty of said ISTew York state school of agriculture, and shall, with whatever moneys may be received for the purpose, administer the said school of agriculture with authority to appoint teachers, in- vestigators, and other officers and employees, to prescribe the EDUCATION" LAW 193 requirements for admission^ and the courses of study to be pur- suedj and with such other power and authority as will secure necessary and adequate administration of such school. And in order to secure unity and harmony in education in agriculture in the state of New York, the state commissioner of agriculture, the director of the New York state college of agTiculture at Cornell university, and a person to be annually elected or appointed by the state grange, shall be ex officio members of the board of man- agers to be appointed annually by the trustees of Alfred university, to have immediate management of the said state school of agricul- ture. Alfred university shall receive no income, profit or com- pensation therefor, but all moneys received from appropriations for the said school of agriculture shall be credited by said university to a separate fund, and shall be used exclusively for said New York state school of agriculture. Such moneys as may be appropriated by the state to Alfred university, for said state school of agriculture, shall be payable to the treasurer of Alfred university upon vouchers furnished to the comptroller. The said university shall expend such moneys and use such property of the state in administering said school of agriculture as above pro- vided, and shall report to the commissioner of agriculture an- nually, on or before the first day of December, a detailed state- ment of such expenditures and of the general operations of the said school of agriculture for the year ending the thirtieth day of September then next preceding; and a copy of such report shall be transmitted to the legislature. Students bona fide residents of the state of New York for one year preceding the date of their admission shall be entitled to free tuition. Other fees and charges if any in the said school of agriculture, and any moneys received from tuitions paid by students not residents of the state of New York, and from the sales of products shall be reported and for- warded monthly to the state treasurer as required by the state finance law, and may be reappropriated toward the maintenance of said school of agriculture. . , .. ARTICLE 42-A. State Sichool of Agriculture at Cobleskill. [Article inserted by L. 1911, ch. 852.] Section 1075. Establishment and corporate name. 1076. Objects and purposes of school. 7 194 NEW YORK STATE EDUCATIOj^ DEPARTMENT Section 1077. Management and control of school. 1078. Powers and duties of board of trustees. § 1075. Establisliinent and corporate name. There is hereby established in the town of Cobleskill, Schoharie county, a school of agriculture to be known as the Schoharie State School of Agriculture. § 1076. Objects and purposes of scliool. Such school shall have for its objects and purposes : 1. The instruction of pupils attending such school in agriculture, mechanic arts and home making. 2. The giving of instruction throughout the state by means of schools, lectures and other university extension methods for the promotion of agricultural knowledge. 3. The conducting of investigations and experiments for the purpose of ascertaining the best methods of fertilization of fields, gardens and plantations and the best modes of tillage, farm man- agement and improvement of live stock. 4. The printing of leaflets and the dissemination of agricul- tural knowledge by means of lectures and otherwise; printing and free distribution of the results of such investigations and experi- ments, and the publication of bulletins containing such informa- tion as may be deemed desirable and profitable in promoting the agricultural interests of the state. § 1077. Management and control of scliool. The care, management and control of the school, property and premises shall be exercised by a board of seven trustees of which the commissioner of education and the commissioner of agriculture shall be ex officio members, with the same powers and duties as other members thereof. The other five trustees shall be appointed by the gov- ernor. At least three of the trustees so appointed shall be resi- dents of the county of Schoharie and one of them shall be a resident of the town of Cobleskill. Trustees first appointed here- under shall be appointed for such terms that the term of one trustee shall expire each year and their terms shall be designated by the governor in their certificates of appointment. A successor to any such trustees shall be appointed for a full term of five years. A vacancy in the office of trustee shall be filled for the remainder of the unexpired term. Such trustees shall serve with- out compensation. § 1078. Powers and duties of board of trustees. The board of trustees of such school shall have the general care, super- EDUCATION LAW 195 vision and control of such school and of all of its affairs, and to carry out its objects and purposes shall: 1. Employ and at pleasure remove teachers, experts, chemists and all necessary clerks and assistants ; 2. Adopt rules not inconsistent with law controlling the affairs of such school and regulating the meetings and organization of such board; 3. Prescribe the course of instruction and the methods of in- vestigation and experiments to be followed in such school. The board of trustees shall report to the commissioner of agri- culture annually, on or before the first day of December, a detailed statement of such expenditures and of the general operations of the said school of agriculture for the year ending the thirtieth day of September then next preceding, and a copy of such report shall be transmitted to the legislature. Students, bona fide residents of the state of ^ew York for one year preceding the date of their admission, shall be entitled to free tuition. Other fees and charges, if any, in the said school of agriculture, and any moneys received from tuition paid by students not residents of the state of 'New York, and from the sale of products, shall be reported and forwarded monthly to the state treasurer as required by the state finance law, and may be reappropriated toward the mainte- nance of said school of agriculture. Note. — The following sections of L. 1911, ch. 852, relate to the establish- ment of the State School of Agriculture at Cobleskill, but are not amendatory of the Education Law. § 2. The governor shall appoint the members of the board of trustees of such school within twenty days after this act takes effect. § 3. The board of trustees may acquire in the name and for the benefit of the state, by gift, devise, grant or purchase, any lands situated within the town of Cobleskill, county of Schoharie, and within easy access of the village of Cobleskill, suitable and adapted for the purposes of such school. All deeds of conveyances, contracts of purchase or other instruments executed for the purpose of transferring the title of such lands shall be examined and approved by the attorney-general before payment of any part of the purchase price of such lands. The total amount to be paid by the state out of the moneys hereinafter appropriated for the purchase of such site shall not exceed the sum of ten thousand dollars. The board of trustees of such school shall cause to be erected upon the lands so acquired suitable buildings for use of such school, so designed as to carry into effect the objects and purposes of such school. The state architect shall prepare the necessary plans and specifica- tions for the erection and equipment of such buildings, and he shall possess the same powers and perform the same duties in respect to such buildings as are possessed or performed by him in respect to other buildings. The erection and equipment of such buildings shall be done by contract, except work which in the opinion of the comptroller and the state architect can be done, in whole or in part, more advantageously by the employment of labor and the purchase of materials in the open market. All expenditures under this act shall be made pursuant to estimates or pursuant to contracts, the form of which shall be prescribed by the state architect. The estimates shall 196 NEW YOKK STATE EDUCATION DEPARTMENT be made to the comptroller in the usual form by the board of trustees of such school. Where the work estimated for is from drawings and specifications of the state architect, the estimates shall be subject to his approval also. No item of said appropriation shall be available, except for advertising, unless a contract or contracts, or estimate or estimates therefor shall have been first made for the completion thereof within the appropriation therefor. All contracts in an amomit greater than one thousand dollars shall have the performance thereof secured by sufficient bond or bonds, said bond or bonds to be approved by and filed with the comptroller. All contracts in an amount less than one thousand dollars need have no surety bond, provided payment is to be made only after the work is completed and approved. All payments on contracts shall be made on the certificate of the state architect and a voucher of the board of trustees of such school after audit by the comptroller. All original bids or proposals with abstract thereof shall accompany the copy of the contracts which is to be filed with the comptroller. Money herein appropriated shall only be advanced to the board of trustees of such school, as the work progresses, or the purchase of material is made and upon bills duly certified, rendered and audited. § 4. The sum of fifty thousand dollars ($50,000), or so much thereof as may be necessary, is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, for the purpose of carrying out the provisions of this act. Of this amount the sum of ten thousand dollars shall be payable on the first day of October, nineteen hundred and eleven, and the remaining forty thousand dollars shall be payable on the first day of October, nineteen hundred and twelve. The amount so appropriated shall be paid by the treasurer upon the warrant of the comptroller drawn upon the requisition of the board of trustees of such school. ARTICLE 43 State Scfaiool of Ag'riculture at Morrisville Section 1090. Corporate name. 1091. Objects and purposes of school. 1092. Management and control of school. 1093. Powers and duties of board of trustees. § 1090. Corporate name. The school of agriculture estab- lished bj chapter two hundred one of the laws of nineteen hun- dred and eight shall continue to be known as the New York state school of agriculture at Morrisville. § 1091. Objects and purposes of school. Such school shall have for its objects and purposes: 1. The elementary and practical instruction of pupils attending such school in agriculture and all allied subjects, including do- mestic science. 2. The giving of instruction in agriculture and agricultural science preparatory to the more advanced courses in the state col- lege of agriculture at Cornell to which end the work shall be con- formed as far as practicable with that of the last named insti- tution and also the giving of elementary and practical instruction EDUCATIOJT LAW 197 for the carrying on of agricultural pursuits to such as do not desire the more advanced course. 3. The conducting of investigations and experiments in central [N'ew York for the purpose of ascertaining the best methods of fertilizing fields, gardens and plantations and the best modes of tillage and farm management and the care and improvement of live stock. § 1092. Management and control of seliool. The care, management and control of said school, property and prem- ises shall be exercised by a board of seven trustees. The state commissioner of agriculture and the director of the ISTew York state agricultural school at Cornell University, shall, ex officio, be members of the board of trustees. The other five trustees shall be appointed by the governor by and with the consent of the senate. At least two of such trustees shall be residents of the county of Madison. One of such trustees shall be a person recom- mended by the state grange, if such recommendation be made. Two of such appointed trustees shall be appointed for a term of two years each and three for a term of four years each. Upon the expiration of the terms of office of such appointed trustees their successors shall be appointed for a term of four years each. Such trustees shall serve for the terms for which they are respect- ively appointed and until their successors have been appointed and qualified. In case of any vacancy in the office of any trustee his successor shall be appointed for the unexpired term for which he was appointed. Such trustees shall serve without compensation as such, except that there shall be allowed to said board for clerical and other assistance that may be required in the discharge of their duties, a sum not to exceed fifteen hundred dollars per annum, which may be paid in whole or in part to one of the appointed members of said board, to act as secretary and clerk of said board until said school shall be organized. § 1093. Powers and duties of board of trustees. The board of trustees so appointed by the governor shall have the general care, supervision and control of such school and all its affairs and to carry out its objects and purposes : 1. Employ and remove teachers, experts, chemists and all neces- sary clerks and assistants. 2. Adopt rules not inconsistent with the law controlling the affairs of such school. 3. Prescribe the course of instruction and the methods of in- vestigation and experiments to be followed in such school. 198 NEW YORK STATE EDUCATION DEPARTMENT The board of trustees shall report to the commissioner of agricul- ture annually, on or before the first day of December, a detailed statement of such expenditures and of the general operations of the said school of agriculture for the year ending the thirtieth day of September then next preceding, and a copy of such report shall be transmitted to the legislature. Students bona fide residents of the state of New York for one year preceding the date of their admission shall be entitled to free tuition. Other fees and charges, if any, in the said school of agriculture, and any moneys received from tuition paid by students not residents of the state of IN'ew York, and from the sale of products, shall be reported and for- warded monthly to the state treasurer as required by the state finance law, and may be reappropriated toward the maintenance of said school of agriculture. State Colleg^e of Forestry at Syracuse University L. 1911, ch. 851. AN ACT to establish a State College of Forestry at Syracuse University, and making an appropriation therefor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: State College of Forestry at Syracuse University Section 1. Establishment; corporate name. 2. Objects and purposes of college. 3. Management and control of college. 4. Powers and duties of boards of trustees. 5. Property acquired to belong to the state. 6. Admission to college ; disposition of fees and income. 7. Time of taking effect. § 1. Fstablislmient ; corporate name. There is hereby established at Syracuse University a state college of forestry, which shall be known as The New York State College of Forestry at Syracuse University. § 2. Oojects and purposes of college. Such college shall have for its objects and purposes : 1. The conduct upon land acquired for such purpose of such ex- periments in forestry and forestation as the board of trustees deem most advantageous to the interests of the state and the ad- vancement of the science of forestry. 2. The planting, raising, cutting and selling of trees and timber at such times, of such specie and quantities and in such manner EDUCATIO]?^ LAW 199 as the board of trustees deems best, with a view of obtaining and imparting knowledge concerning the scientific management and use of forests, their regulation and administration, and the pro- duction, harvesting and reproduction of wood crops and the earn- ing of revenue therefrom. § 3. Management and control of college. The care, management and control of such college and the property and premises required therefor shall be exercised by a board of twelve trustees. The state forest, fish and game commissioner, the state commissioner of education and the chancellor of Syracuse Uni- versity, shall be ex-officio members of the board of trustees. Of the remaining nine members of the board of trustees, three shall be appointed by the governor, by and with the advice and consent of the senate, and six by the board of trustees of Syracuse Uni- versity. The members appointed by the governor and by the board of trustees of Syracuse University shall be divided into three classes, so that the terms of one-third thereof shall expire on June thirtieth, nineteen hundred and twelve, and one-third thereof on the thirtieth day of June of each second year thereafter. Suc- cessors to such trustees shall be appointed by the governor and by the board of trustees of Syracuse University for full terms of six years. In case of any vacancy in the office of any appointive trustee his successor shall be appointed for the unexpired term for which he was appointed. The members of the board of trustees shall serve without compensation, but shall be entitled to their actual necessary expenses incurred in the performance of their duties. § 4. Poivers and duties of board of trustees. The board of trustees of such college of forestry shall have the general care, supervision and control of such college and of its officers, and to carry out its objects and purposes shall: 1. Employ and at pleasure remove teachers, experts and all necessary clerks and assistants. 2. Adopt rules, not inconsistent with law, controlling the affairs of such college. 3. Prescribe the course of instruction and the methods of investi- gation and experiments to be followed in such college, and the degree to be conferred on graduation therefrom. 4. Report to the legislature on or before the first day of February a detailed statement of the general operation of such college for the year ending on the thirtieth day of September then next preceding. 200 NEW YOKK STATE EDUCATIOT^ DEPAETMENT § 5. Property acquired to belong to the state. All lands purchased and other property acquired with moneys appro- priated by the state for such college of forestry shall be and remain the property of the state. If real property is purchased, the title thereto shall be conveyed to the people of the state of New York, and the sufficiency of such title and the form of conveyance shall be approved by the attorney-general. § 6. Admission to college; disposition of fees and income. Students who are bona fide residents of the state of New York for one year preceding the date of admission shall be entitled to free tuition in such college. Other fees and charges, if any, in such college and any moneys received from tuition paid by stu- dents not residents of the state of New York and from the sale of products shall be reported and forwarded monthly to the state treasurer, as required by the state finance law, and may be appro- priated toward the maintenance of such college of forestry. *§ 2. The sum of forty thousand dollars ($40,000), or so much thereof as may be necessary, is hereby appropriated out of any money in the treasury, not otherwise appropriated, for the purpose of acquiring necessary lands for the New York State College of Forestry at Syracuse University, and the further sum of fifteen thousand dollars ($15,000), or so much thereof as may be neces- sary, is hereby appropriated for the purchasing of necessary supplies, the payment of the salaries of teachers, experts and other assistants, and the other necessary expenses of such college. The moneys hereby appropriated shall be payable by the treasurer on the warrant of the comptroller on .the order of the board of trustees of such college. § 7. Time of taking effect. This act shall take effect immediately. ARTICLE 43-A Retirement Fund for Teacliers in State Institutions [Article inserted by L. 1910, ch. 441, in effect June 8, 1910.] Section 1095. Eetirement of certain teachers in state institutions. 1096. Certificate of retirement upon application. 1097. Eetirement upon recommendation of governin.? body of institution where teacher is employed. 1098. Amount to be paid to such retired teachers. 1099. Time and manner of payments. * So in original. EDUCATION" LAW 201 § 1095. Retirement of certain teachers in state institutions. Every person who, for a period of ten years immediately preceding, has been employed by the state as a teacher in any college, school or institution maintained and sup- ported by the state and who shall have been engaged in teaching in some college, university, school, academy or institution or in the public schools of this state or elsewhere during a period aggregating thirty years and has reached the age of seventy years must, at his request, or may on the order of tht commissioner of education, be retired from such employment. § 1096. Certificate of retirement upon application. Every such person desiring to be retired under the provisions of section ten hundred and ninety-five of this chapter shall present to and file with the commissioner of education an affidavit signed by himself, or, in case he is mentally or physically incapable of making such affidavit, the affidavit of some person or persons acquainted with the facts, setting forth the number of years of such employment, the place or places where employed, the salary received by the applicant at the last place of employment, and upon the filing of such affidavits, the commissioner of education, if he shall be satisfied of the truth of the affidavit, shall issue tQ such applicant a certificate that such applicant has been retired from active service as a teacher. § 1097. Retirement upon recommendation of gov- erning body of institution ivhere teacher is em- ployed. Upon the recommendation of a majority of the mem- bers of the board or governing body having in charge any such college, school or institution, that a member of the teaching force be retired on account of mental or physical incapacity for the performance of duty, the commissioner of education may retire such person and issue to such person the certificate set forth in section ten hundred and ninety-six of this chapter, provided such person has been employed by the state for ten years immediately preceding as a teacher in any college, school or institution main- tained and supported by the state and has been engaged in teach- ing in some college, university, school, academy or institution or in the public schools of this state or elsewhere during a period aggregating thirty y.ears, or, having reached the age of sixty-five years, during a period aggregating twenty years. § 1098. Amount to be paid to such retired teacher. Every person who shall be retired under the provisions of this article shall be entitled to receive from the state one-half the 202 NEW YORK STATE EDUCATION DEPARTMENT salary whicli such person was receiving at the date of such retire- ment, not to exceed, however, in the case of a supervising official, or principal, one thousand dollars, and in the case of a teacher, seven hundred and fifty dollars. In no case shall the payment to any person retired hereunder be less than the sum of three hun- dred dollars. § 1099. Time and manner of payments. The pay- ment of the amounts provided in this article to be paid shall be made by the state treasurer on the warrant of the comptroller on the audit of the commissioner of education. Payments shall be made quarterly commencing with the first quarter after the date of issue of the certificate of such retirement. The com- missioner of education shall make and enforce such rules and regulations, not inconsistent with the provisions of this article, as he shall deem necessary for properly safeguarding all payments thereunder, including vouchers to be signed by the person to whom such payment is made. ARTICLE 43-B [Article inserted by L. 1911, ch. 449, in effect August 1, 1911.] State Teachers' Retirement Fund for Public Sicliool Teachers. Section 1100. Definitions. 1101. Establishment of state teachers' retirement fund. 1102. State teachers' retirement fund board. 1103. Vacancies; resignations; removal from office. 1104. Officers of board; salaries and expenses; meet- ings. 1105. State treasurer ex-officio treasurer of fund; in- vestments. 1106. Powers of board. 1107. Eules of board. 1108. Contributions by teachers; deductions from sal- aries. 11'08-a. Method of payment into state treasury. 1109. Retirement of teachers. 1109-a. ^Application of article to certain counties, cities and districts ; voluntary contributions. 1109-b. Application of article to certain counties, cities and districts; voluntary contributions. § 1100. Definitions. The word " teacher ''as used in this article includes teachers and principals employed in public schools * So in original. EDUCATION LAW 203 of the cities and school districts of the state and shall also include superintendents employed as provided by law in cities and union free school districts having a population of five thousand or more. The words " retirement fund " as used in this article shall mean the I^ew York state teachers' retirement fund for public school teachers as established by this article. § 1101. Ustablishment of state teachers' retire- ment fund. There is hereby established the New York state teachers' retirement fund for public school teachers which shall consist of: 1. All contributions made by teachers as hereinafter provided. 2. The income or interest derived from the investment of the moneys contained in such fund. 3. All donations, legacies, gifts and bequests which shall be made to such fund, and all moneys which shall be obtained from other sources for the increase of such fund. 4. Appropriations made by the state legislature from time to time to carry into effect the purposes of such fund, and which ap- propriations when made shall be paid into such fund and may be expended in the same manner as other moneys belonging thereto. § 1102. State teachers' retirement fund board. The state teachers' retirement fund board shall consist of five members to be appointed by the commissioner of education as hereinafter provided. One of such members shall be, at the time of his ap- pointment, a superintendent of schools in a city or district; one shall be at the time of his appointment an academic principal, and one shall be at the time of his appointment a teacher engaged in teaching in an elementary school. At least one of such members shall be a woman teacher in the public schools. Such appointments shall be made within ten days after this act takes eifect. The mem- bers of such board first appointed shall hold office for terms of one, two, three, four and five years from January first, nineteen hun- dred and twelve, to be designated by the commissioner of educa- tion when he appoints such members. Their successors shall be appointed for terms of five years.. A vacancy occurring in the office of any member shall be filled for the unexpired term. § 1103. Vacancies; resignations; removal from o£B.ce. A vacancy in the office of a member of the board shall be created by death, resignation, refusal to serve, removal from office, or absence from the state for a period of one year. A member of such board may resign by written resignation submitted to the com- 204 NEW YOEK STATE EDUCATION DEPARTMENT missioner of education and accepted by him. The commissioner of education may remove a member of such board for cause, after service upon him of written charges and an opportunity to be heard in defense thereof. § 1104. 0£B.cers of board; salaries and expenses; meetings. There shall be a president, vice-president and secre- tary of such board, to be elected by a majority vote of the members of the board. The president and vice-president shall be elected for terms of one year. The term of office of the secretary shall be fixed by the board. The secretary need not be a member of the board. His salary or compensation shall be prescribed by the board, not ex- ceeding two thousand dollars a year, subject to the approval of the commissioner of education. The members of the board shall serve without compensation, but they shall be entitled to their expenses actually incurred in attending the meetings of the board and in performing services as members thereof. The board shall meet annually in the education building at Al- bany, on the second Wednesday in January, and shall have stated meetings at the same place, at least once in each three months, as determined by the regulations of the board. If a member of the board be absent from two consecutive stated meetings without a reasonable excuse for such absence, accepted by the board, his office shall be declared vacant by the commissioner of education, upon notice being received by him of such unexcused absences, and such vacancy shall be filled as hereinbefore provided. § 1105. State treasurer ex-oflGLcio treasurer of fund; investments. The state treasurer shall be ex-officio treasurer of the retirement fund and shall be the custodian thereof. The moneys belonging thereto shall be deposited by him in banks or trust companies and the law relating to the deposit of state funds in such banks and trust companies shall apply so far as may be to the deposit of moneys belonging to the said retirement fund. The state teachers' retirement fund board shall determine from time to time as to what portion of the retirement fund shall be permanently invested. Such fund shall only be invested in those securities in which the trustees of a savings bank may invest the moneys deposited therein, as provided by section one hundred and forty-six of the banking law. When such board shall determine that any portion of said fund should be so invested, it shall by resolution, duly adopted by a majority vote of the members of the board, direct the treasurer to invest such portion of the fund in any of said securities. EDUCATION LAW 205 § 1106. Powers of board. The state teachers' retirement fund board, subject to the provisions of this article and of any other statute, shall have power: 1. To appoint and employ such officers and employees as may be necessary to carry into effect the provisions of this article, and fix their compensation. 2. To prescribe the duties of its secretary and other officers and employees. 3. To conduct investigations into all matters relating to the operation of this article, and subpoena witnesses and compel their attendance to testify before it in respect to such matters, and any member of the board may administer oaths or affirmations to such witnesses. 4. To require boards of education, trustees, and other school authorities, and all officers, having duties to perform in i-espect to contributions by teachers to the retirement fund, to report to the board from time to time, as to such matters pertaining to the pay- ment of such contributions, as it shall deem advisable, and may prescribe the form of such reports. 5. To draw its warrants upon the state treasurer for the pay- ment of annuities to teachers who have been retired as provided in this article, and for the purchase of such securities as the board shall have decided to purchase as provided in this article. No payments shall be made from the teachers' retirement fund except by warrant signed by the president of the board, drawn after reso- lution duly adopted at a meeting of the board by a majority of its. members, which adoption shall be attested by the secretary of the board. § 1107. Rules of board. The state teachers' retirement fund board shall make rules not inconsistent with the provisions of this article which, when approved by the commissioner of educa- tion, shall have the force and effect of law. Such rules shall 1. Provide for the conduct and regulation of the meetings of the board and the transaction of the business thereof. 2. Provide for the enforcement and carrying into effect of the provisions of this article. 3. Prescribe the manner of payment of contributions by teachers to the retirement fund, and the payment of annuities therefrom. 4. Establish a system of accounts showing the condition of such fund, and receipts and expenditures. 206 NEW YORK STATE EDUCATION" DEPARTMENT 6. Prescribe the method of making payments from such fund to annuitants and giving receipts for such payments. 6. Prescribe the forms of warrants, vouchers, receipts, reports and accounts to be used by annuitants and officers having duties to perform in respect to such fund. 7. Regulate the duties of boards of education, trustees, and other officers imposed upon them by this article, in respect to the contributions by teachers to the retirement fund, and the deduc- tion of such contributions from teachers^ salaries. § 1108. Contributions by teachers; deductions from salaries. All teachers employed in the public schools in this state except in those counties, districts or cities in which provision is already made by statute for the retirement of public school teachers and the payment of annuities or pensions to such teachers, who enter into contracts for such employment after the date on which this act takes effect, shall contribute to the teachers' retirement fund one per centum of the salaries to be paid to such teachers annually according to the terms of such contracts. On and after such date all such contracts shall be deemed to have been made subject to the provisions of this article, and the requirement as to such contribution shall become a part of and enter into all such contracts. Any teacher employed under a contract entered into prior to the taking effect of this act may elect to contribute one per centum annually of the salary paid pursuant to such con- tract and shall thereupon become entitled to all the privileges conferred by this article. Boards of education, trustees and other school authorities having duties to perform in respect to the payment of salaries to public school teachers in their districts or cities, shall cause to be deducted from each warrant or order issued to any of such teachers for the payment of the salary of such teachers, the amount due by such teacher to the teachers' retirement fund. § 1108-a. Method of payment into state treasury. 1. The school commissioner of each school commissioner district shall include in his annual report to the commissioner of education, a statement showing the amount required to be deducted from the salaries of teachers in each school district under his supervision, under section eleven hundred and eight of this act. 2. The superintendent of schools of each city shall also include in his annual report to the commissioner of education, a state- ment showing the amount required to be deducted under the pro- EDUCATION LAW 207 visions of section eleven hundred and eight of this act from the salaries of teachers employed in such city. 3. The school commissioner of each school commissioner dis- trict and the superintendent of each city shall file with the treas- urer of the county in which such school commissioner district or city is located, a statement showing the amount respectively re- ported by them to the commissioner of education as provided in subdivisions one and two of this section as being the amount re- quired to be deducted from the salaries of teachers in their respective school commissioner districts and cities under the pro- visions of section eleven hundred and eight of this act. Such statements to the county treasurer shall also respectively show the aggregate amount required to be so deducted from the salaries of teachers employed in each school commissioner district in each town in such school commissioner district and from the salaries of teachers employed in each city. 4. The school commissioner of each school commissioner district shall file with the supervisor of each town within such school com- missioner district at the time he files his certificate of appor- tionment of public school moneys, a statement showing the amount required to be deducted from the salaries of the teachers employed in each school district in such town. The superintendent of each city shall file with the chamberlain or treasurer of such city a duplicate of the certificate which he is required to file with the county treasurer under subdivision three of this section. 5. When the commissioner of education apportions the money appropriated by the legislature for the support of common schools to the several counties of tne state, he shall cause to be determined from the official reports of school commissioners and city superin- tendents the amount required to be deducted from the salaries of the teachers employed in each county who come under the pro- visions of this act as required by section eleven hundred and eight. 6. The commissioner of education shall include in the certifi- cate which he files with the comptroller showing the amount of state funds apportioned for the support of common schools to each county, a statement showing the amount required to be deducted from the salaries of teachers in each of such counties, as required under section eleven hundred and eight of this act. 7. The comptroller shall issue his warrant to the state treas- urer directing such treasurer to credit to the retirement fund created herein from the appropriation for the support of common schools an amount equal to the aggregate amount required to be 208 NEW YORK STATE EDUCATION DEPARTMENT deducted from the salaries of teachers in the several counties of the state as shown by the certificate of the commissioner of edu- cation filed with him as directed in subdivision six of this section. 8. The comptroller, in issuing his warrant to the state treas- urer for the payment to each county of that portion of the moneys appropriated for the support of common schools and payable on or before March first of each year, shall deduct therefrom an amount equal to the amount required to be deducted from the salaries of teachers as shown by the certificate of the commis- sioner of education filed with the comptroller as required by sub- divisino six of this section. 9. The county treasurer of each county when paying to the supervisors of the towns of such county and to the chamberlain or treasurer of a city in such county the first half of the money apportioned annually for the support of common schools shall deduct from the amount apportioned to each town and city an amount equal to the amount to be deducted from the salaries of the teachers in such town or city as shown by the certificate of the school commissioners and city superintendents filed with such treasurer as directed by subdivision three of this section. 10. The supervisor of each town shall pay to the collector or treasurer of each school district in such town or to the teachers employed in such districts toward their salaries on the order of the trustees of such districts the amount apportioned to such dis- tricts respectively less the amount required to be deducted from the salaries of the teachers in such districts as shown by the certificate of the school commissioner filed with such supervisors as directed by subdivision four of this section. § 1109. Retirement of teachers. 1. A teacher who has taught in public schools for a period of twenty-five years, at least the last fifteen years of which period shall have been taught in the public schools in those districts or cities in this state which are subject to the provisions of this article shall, upon his retirement from actual service as such teacher, on and after August first, nineteen hundred and thirteen, be entitled to an annuity of a sum equal to one-half of the annual salary paid to such teacher at the time of such retirement, provided that no annuity shall exceed the sum of six hundred dollars. 2. A teacher who has taught in public schools for a period of fifteen years, at least the last nine of which were taught in the public schools in those districts or cities which are subject to EDUCATION LAW 209 this article, who is either physically or mentally incapable of teaching may be retired, and shall, upon his retirement, be en- titled to an annuity of as many twenty-fifths of the full annuity for twenty-five years as said teacher has taught years. 3. Such retirement may be had on the request of the teacher, or upon the request of a board of education in a city or union free school district. A request for retirement shall be made in writing addressed to state teachers' retirement fund board, accompanied by evidence showing that the teacher named therein is entitled to retirement, and that he has complied with the provisions of this article and the rules of the board relating to the payment of annuities. The board shall pass upon all requests for retirement, and shall determine whether such requests should be granted. 4. All determinations of the board relative to such requests and the payment of annuities to teachers shall be subject to appeal to the commissioner of education. The provisions of article thirty- four of the education law, relative to appeals, shall apply to appeals from such determinations. § 1109-a. Payment of annuities. 1. A teacher shall not be entitled to an annuity who has not contributed to the retire- ment fund an amount equal to at least thirty per centum of his annuity. But a teacher who is otherwise entitled to retirement and an annuity under this article, may become an annuitant and en- titled to an annuity by making a cash payment to the retirement fund of an amount which when added to his previous contributions to such fund, will equal thirty per centum of his annuity. 2. In case a teacher who shall retire or be retired, is unable to pay in advance the sum required to make up the said thirty per centum of the annuity, the payment of such annuity may be with- held until the portion of the annuity withheld shall equal the sum required to make up said thirty per centum of the annuity. 3. Annuities shall be paid quarterly to the teachers entitled thereto, upon the warrants or orders signed by the president and secretary of the state teachers' retirement board. Vouchers or re- ceipts shall be signed in duplicate by annuitants upon receiving the money paid to them. Such duplicate receipts shall be returned to the secretary of the board, and one of them shall be retained in his office and the other shall be filed. in the office of the state treasurer. 4. Each annuity shall date from the time when the state teachers' retirement board shall take action upon the request made as herein provided for the retirement of the annuitant. 210 NEW YOEK STATE EDUCATION DEPARTMENT § 1109-b. Application of article to certain counties, cities and districts; voluntary contributions. This article shall not apply to any county, city or district in which the teachers in the public schools thereof are required or authorized to contribute to a teachers' retirement fund, or in which such teachers are entitled to annuities or pensions, in accordance with any special or local act applicable to such county, city or district. Provided, that whenever the state teachers' retirement fund board is satisfied that more than two-thirds of all the teachers employed in the public schools of any such county, city or district are willing to become subject to this article, as shown by a petition duly signed and verified by such teachers, such board shall issue its order directing that on and after the date thereof this article shall apply to such county, city or district. A copy of such order shall be mailed to the several teachers employed in the county, city or district to which such order relates and to the boards of education, trustees or other school authorities therein, and thereupon the provisions of this article shall apply to such county, city or district to the same extent and for the same purposes as to the other counties, cities and districts of the state. Thereupon the organiza- tion or society created under the said local or special act applicable to a county, city or district shall be dissolved and discontinued and the treasurer or other custodian of the funds of such organization or society shall pay into the state treasury any funds in his pos- session belonging to the said organization or society, after paying any outstanding obligations other than annuities. Such funds shall be credited to the retirement fund provided for herein. All persons who had been placed upon the retired list pursuant to the provisions of such local or special act, previous to the date when such local organization or society determined to come under the provisions of this act, shall become annuitants under this act and shall be entitled to receive the same amount which they would have been entitled to receive under the provisions of their retire- ment under said local or special act had such organization or so- ciety created thereunder not been dissolved and discontinued. Upon the execution and service of such order the teachers em- ployed in the county, city or district to which such order relates, shall contribute one per centum of their salaries to the retirement fund and they shall be entitled to all the privileges thereof, under the conditions and restrictions imposed by this article and the rules of the board. EDUCATION LAW 211 ARTICLE 44 Libraries Section 1110. State library, how constituted. 1111. State medical library. 1112. Manuscript and records ^^on file." 1113. State library, when open; use of books. 1114. Duplicate department. 1115. Transfers from state officers. 1116. Other libraries owned by the state. 1117. Public and free libraries and museums. 1118. Establishment. 1119. Acceptance of conditional gift, 1120. Subsidies. 1121. Closing of museum; admission fee during certain hours. 1122. Taxes. 1123. Trustees. 1124. Incorporation. 1125. Use of free public libraries. 1126. Eeports. 1127. Injuries to property. 1128. Detention. 1129. Transfer of libraries. 1130. Local neglect. 1131. Loans of books from state. 1132.. Advice and instruction from state library officers. 1133. Apportionment of public library money. 1134. Abolition. 1135. Use and care of school library. 1136. Existing rules continued in force. 1137. Authority to raise and receive money for school library. 1138. Authority to transfer school library property to free public library. 1139. Transfer of property not in charge of librarian. 1140. Provision for change to circulating library. 1141. Penalty for disobedience to library law, rules or orders. § 1110. State library, how constituted. All books, pamphlets, manuscripts, records, archives and maps, and all other 212 NEW YORK STATE EDUCATIOTsT DEPARTMENT property appropriate to a general library, if owned by the state and not placed in other custody by law, shall be in charge of the regents and constitute the state library. §1111. Srtate medical library. The state medical library shall be a part of the New York state library under the same government and regulations and shall be open for consultation to every citizen of the state at all hours when the state library is open and shall be available for borrowing books to every accred- ited physician residing in the state of JSTew York, who shall conform to the rules made by the regents for insuring proper pro- tection and the largest usefulness to the people of the said medical library. § 1112. Manuscript and records "on file." Manu- script or printed papers of the legislature, usually termed '' on file," and which shall have been on file more than five years in custody of the senate and assembly clerks, and all public records of the state not placed in other custody by a specific law shall be part of the state library and shall be kept in rooms assigned and suitably arranged for that purpose by the trustees of public build- ings. The regents shall cause such papers and records to be so classified and arranged that they can be easily found, l^o paper or record shall be removed from such files except on a resolution of the senate and assembly withdrawing them for a temporary pur- pose, and in case of such removal a description of the paper or record and the name of the person removing the same shall be entered in a book provided for that purpose, with the date of its delivery and return. § 1113. State library, when open; use of books. The state library shall be kept open not less than eight hours every week day in the year except the legal holidays known as Inde- pendence day, Thanksgiving day and Christmas day, and members of the legislature, judges of the court of appeals, justices of the supreme court, and heads of state departments may borrow from the library books for use in Albany, but shall be subject to such restrictions and penalties as may be prescribed by the regents for the safety or greater usefulness of the library. Others shall be entitled to use or borrow books from the library only on such con- ditions as the regents shall prescribe. § 1114. Duplicate department. The regents shall have charge of the preparation, publication and distribution, whether by sale, exchange or gift, of the colonial history, natural EDUCATION LAW 213 history and all other state publications not otherwise assigned by law. To guard against waste or destruction of state publications, and to provide for the completion of sets to be permanently pre- served in American and foreign libraries, the regents shall main- tain a duplicate department to which each state department, bureau, board or commission shall send not less than five copies of each of its publications when issued, and after completing its distribution, any remaining copies which it no longer requires. The above, with any other publications not needed in the state library, shall be the duplicate department, and rules for sale, ex- change or distribution from it shall be fixed by the regents, who shall use all receipts from such exchanges or sales for expenses and for increasing the state library. § 1115. Transfers from state officers. The librarian of any library owned by the state, or the ofiicer in charge of any state department, bureau, board, commission or other office may, with the approval of the regents, transfer to the permanent custody of the state library or museum any books, papers, maps, manu- scripts, specimens or other articles which, because of being dupli- cates or for other reasons, will in his judgTQent be more useful to the state in the state library or museum than if retained in his keeping. § 1116. Other libraries owned by tbe state. The report of the state library to the legislature shall include a state- ment of the total number of volumes or pamphlets, the number added during the year, with a summary of operations and condi- tions, and any needed recommendation for safety or usefulness for each of the other libraries owned by the state, the custodian of which shall furnish such information or facilities for inspection as the regents may require for making this report. Each of these libraries shall be under the sole control now provided by law, but for the annual report of the total number of books owned by or bought each year by the state, it shall be considered as a branch of the state library and shall be entitled to any facilities for ex- change of duplicates, inter-library loans or other privileges prop- erly accorded to a branch. § 1117. Public and free libraries and museums. All provisions of this section and of sections eleven hundred and eighteen to eleven hundred and thirty-four inclusive shall apply equally to libraries, museums, and to combined libraries and 214 NEW YORK STATE EDUCATION DEPARTMENT museums, and the word " library '' shall be construed to include reference and circulating libraries and reading-rooms. § 1118. Establisliiiient. By majority vote at any election, any city, village, town, school district, or other body authorized to levy and collect taxes, or by vote of its common council, or by action of a board of estimate and apportionment or other proper authority, any city, or by vote of its trustees, any village, may establish and maintain a free public library, with or without branches, either by itself or in connection with any other body authorized to maintain such library. Whenever twenty-five tax- payers shall so petition, the question of providing library facilities shall be voted on at the next election or meeting at which taxes may be voted, provided that due public notice shall have been given of the proposed action. A municipality or district named in this section may raise money by tax to establish and maintain a public library or libraries, or to provide a building or rooms for its or their use, or to share the cost as agreed with other municipal or district bodies, or to pay for library privileges under a contract therefor. It may also acquire real or personal property for library purposes by gift, grant, devise or condemnation, and may take, buy, sell, hold and transfer either real or personal property and administer the same for public library purposes. A board of supervisors of a county may contract with the trustees of a public library within such county or with any other municipal or district body having control of such a library to furnish library privileges to the people of the county, under such terms and conditions as may be stated in such contract. The amount agreed to be paid for such privileges under such contract shall be a charge upon the county and shall be paid in the same manner as other county charges. [Amended hy L. 1911, ch. 815.] § 1119. Acceptance of conditional gift. By majority vote at any election any municipality or district or by three-fourths vote of its council, any city, or any public library in the university, or any designated branch thereof, if so authorized by such vote of a municipality, district, or council, or of any combination of such voting bodies, may accept gifts, grants, devises or bequests for public library purposes on condition that a specified annual appro- priation shall thereafter be made, by the municipality or district or combination so authorizing such acceptance, for maintenance of such library or branches thereof. Such acceptance, when approved by the regents of the university under seal and recorded in its EDUCATION LAW 215 book of charters, shall be a binding contract, and such munici- pality and district shall levy and collect yearly the amount pro- vided in the manner prescribed for other taxes, and shall maintain any so accepted gift, grant, devise or bequest, intact and make good any impairment thereof. § 1120. Subsidies. By vote similar to that required by sections eleven hundred and eighteen and eleven hundred and nineteen money may be granted toward the support of libraries not owned by the public but maintained for its welfare and free use; provided, that such libraries shall be subject to the inspection of the regents and registered by them as maintaining a proper Srtandard, that the regents shall certify what number of the books circulated are of such a character as to merit a grant of public money, and that the amount granted yearly to libraries on the basis of circulation shall not exceed ten cents for each volume of the circulation thus certified by the regents. § 1121. Closing of museum; admission fee during certain hours. The trustees of any institution supported un- der this chapter by public money, in whole or in part, may, so far as consistent with free use by the public at reasonable or specified hours, close any of its museum collections at certain other hours, for study, to meet the demands of special students or for exhibition purposes, and may charge an admission fee at such hours, provided that all receipts from such fees shall be paid into the treasury and be used for the maintenance or enlargement of the institution. § 1122. Taxes. Taxes, in addition to those otherwise au- thorized, may be voted by any authority named in section eleven hundred and eighteen and for any purpose specified in sections eleven hundred and eighteen to eleven hundred and twenty inclu- sive, and shall, unless otherwise directed by such vote, be con- sidered as annual appropriations therefor till changed by further vote, and shall be levied and collected yearly, or as directed, as are other general taxes ; and all money received from taxes or other sources for such library shall be kept as a separate library fund and expended only under direction of the library trustees on properly authenticated vouchers. § 1123. Trustees. Free public libraries established by action of the voters or their representatives shall be managed by trustees who shall have all the powders of trustees of other edu- cational institutions of the university as defined in this chapter; 216 NEW YORK STATE EDUCATIOI^ DEPARTMENT provided, unless otherwise specified in the charter, that the num- ber of trustees shall be five; that they shall be elected by the legal voters, except that in cities they shall be appointed by the mayor with the consent of the common council, from citizens of recognized fitness for such position ; that the first trustees deter- mine by lot whose tenn of office shall expire each year and that a new trustee shall be elected or appointed annually to serve for five years. § 1124. Incorporation. Within one month after taking office, the fiist board of trustees of any such free public library shall apply to the regents for a charter in accordance with the vote establishing the library. § 1125. Use of free public libraries. Every library established under section eleven hundred and eighteen of this chapter shall be forever free to the inhabitants of the locality which establishes it, subject always to rules of the library trustees, who shall have authority to exclude any person who wilfully violates such rules ; and the trustees may, under such conditions as they think expedient, extend the privileges of the library to persons living outside such locality. § 1126. Reports. Every library or museum which receives state aid or enjoys any exemption from taxation or other privilege not usually accorded to business corporations shall make the report required by section fifty-eight of this chapter, and such report shall relieve the institution from making any report now required by statute or charter to be made to the legislature, or to any department, court or other authority of the state. These reports shall be summarized and transmitted to the legislature by the regents with the annual reports of the state library and state museum. § 1127. Injuries to property. Whoever intentionally injures, defaces or destroys any property belonging to or deposited in any incorporated library, reading-room, museum or other edu- cational institution, shall be punished by imprisonment in a state prison for not more than three years, or in a county jail for not more than one year, or by a fine of not more than five hundred dollars, or by both such fine and imprisonment. § 1128. Detention. Whoever wilfully detains any book, newspaper, magazine, pamphlet, manuscript or other property be- longing to any public or incorporated library, reading-room, museum or other educational institution, for thirty days after EDUCATION LAW 217 notice in writing to return the same, given after the expiration of the time which by the rules of such institution, such article or other property may be kept, shall be punished by a fine of not less than one nor more than twenty-five dollars, or by imprisonment in the jail not exceeding six months, and the said notice shall bear on its face a copy of this section. § 1129. Transfer of libraries. Any corporation, asso- ciation, school district or combination of districts may, by legal vote duly approved by the regents, transfer, conditionally as pro- vided in section eleven hundred and nineteen of this article, or otherwise, the ownership and control of its library, with all its appurtenances, to any municipality, or district, or public library in the university, or any designated branch thereof, and thereafter such transferee shall be entitled to receive any money, books or other property from the state or other sources, to which the trans- ferring body would have been entitled but for such transfer, and the trustees or body making the transfer shall thereafter be re- lieved of all responsibility pertaining to property thus transferred. § 1130. Liocal neglect. If the local authorities of any library supported wholly or in part by state money, fail to provide for the support and public usefulness of its books, the regents shall in writing notify the trustees of said library what is neces- sary to meet the state's requirements, and on such notice all its rights to further grants of money or books from the state shall be suspended until the regents certify that the requirements have been met; and if said trustees shall refuse or neglect to comply with such requirements within sixty days after service of such notice, the regents may remove them from office and thereafter all books and other library property wholly or in part paid for from state money shall be under the full and direct control of the regents who, as shall seem best for public interests, may appoint nev; trustees to carry on the library, or may store it, or distribute its books to other libraries. § 1131. Loans of books from state. Under such rules as the regents may prescribe, they may lend from the state library, duplicate department, or from books specially given or bought lor this purpose, selections of books for a limited time to any public library in this state under visitation of the regents, or to any community not yet having established such library, but which has conformed to the conditions required for such loans. 218 NEW YORK STATE EDUCATIOX DEPARTMEXT § 1132. Advice and instruction from state library officers. The trustees or librarian or any citizen interested in any public library in this state shall be entitled to ask from the officers of the state library any needed advice or instruction as to a library building, furniture and equipment, government and service, rules for readers, selecting, buying, cataloguing, shelv- ing, lending books, or any other matter pertaining to the estab- lishment, reorganization or administration of a public library. The regents may provide for giving such advice and instruction either personally or through printed matter and correspondence, either by the state library staff or by a library commission of competent experts appointed by the regents to serve without salary. The regents may, on request, select or buy books, or furnish them instead of money apportioned, or may make exchanges and loans through the duplicate department of the state library. Such as- sistance shall be free to residents of this state as far as practicable, but the regents may, in their discretion, charge a proper fee to nonresidents or for assistance of a personal nature or for other reason not properly an expense to the state, but which may be authorized for the accommodation of users of the library. § 1133. Apportionment of public library money. Such sum as shall have been appropriated by the legislature as public library money shall be paid annually by the treasurer, on the warrant of the comptroller, from the income of the United States deposit fund, according to an apportionment to be made for the benefit of free libraries by the regents in accordance with their rules and authenticated by their seal; provided, that none of this money shall be spent for books except those approved or selected and furnished by the regents; that no locality shall share in the apportionment unless it shall raise and use for the same purpose not less than an equal amount from taxation or other local sources; that for any part of the apportionment not payable directly to the library trustees the regents shall lile with the comptroller proper vouchers showing that it has been spent in accordance with law exclusively for books for free libraries or for proper expenses incurred for their benefit; and that books paid for by the state shall be subject to return to the regents whenever the library shall neglect or refuse to conform to the ordinances under which it secured them. § 1134. Abolition. Any library established by public vote or action of school authorities, or under section eleven hundred EDUCATION LAW 219 and eighteen of this chapter, may be abolished only by a majority vote at a regular annual election, ratified by a majority vote at the next annual election. If any such library is abolished its prop- erty shall be used first to return to the regents, for the benefit of other public libraries in that locality, the equivalent of such sums as it may have received from the state or from other sources as gifts for public use. After such return any remaining property may be used as directed in the vote abolishing the library, but if the entire library property does not exceed in value the amount of such gifts it may be transferred to the regents for public use, and the trustees shall thereupon be free from further responsi- bility. Iso abolition of a public library shall be lav^ful till the regents grant a certificate that its assets have been properly dis- tributed and its abolition completed in accordance with law. § 1135. Use and care of school library. The school library shall be a part of the school equipment and shall be kept in the school building at all times, and shall not be used as a circulating library, except as the rules fixed by the commissioner of education shall allow, but no person shall be allowed to borrow more than one volume at a time and shall not keep the same more than two weeks. The board of education or trustees shall appoint a teacher of the schools under their charge as librarian, who, with the trustees, shall be responsible for the safety and proper care of the books, and shall annually, and whenever required, make such reports concerning the library as the commissioner of educa- tion may direct. § 1136. Existing rules continued in force. All exist- ing provisions of law and rules established by the superintendent of public instruction or by the commissioner of education for the management of district libraries shall hold good as to the man- agement of school libraries till altered by or in pursuance of law. § 1137. Authority to raise and receive money for school library. Each city and school district in the state is hereby authorized to raise moneys by tax in the same manner as other school moneys are raised, or to receive moneys by gift or devise, for starting^ extending or caring for the school library. § 1138. Authority to transfer school library prop- erty to free public library. Any board of education in any city or union free school district, or any duly constituted meeting in any other district, is hereby authorized to give any or all of its books or other library property to any township or other 220 NEW YORK STATE EDUCATION DEPARTMENT free public library under state supervision, or to aid in establish- ing such free public library, provided it is free to the people of such city or district. A receipt from the officers of the said free public library, and an approval of the transfer under seal by the regents of the university, shall forever thereafter relieve the said school authorities of further responsibility for the said library and property so transferred. § 1139. Transfer of property not in charge of li- brarian. Any books or other library property belonging to any district library, and which have not been in direct charge of a librarian duly appointed within one year, may be taken and shall thereafter be owned by any public library under state super- vision, which has received from the regents of the university written permission to collect such books or library property, and to administer the same for the benefit of the public; provided, that said books or other library property shall be found in the territory for which such public library is maintained, as defined in its charter or in the permission granted by the regents; and further provided, that, on written request of the school authorities, any dictionaries, cyclopedias and pedagogic books shall be placed in the school library of the district to which such books originally belong. § 1140. Provision for change to circulating library. The public shall not be entitled to use any library, now or here- after in the custody of the school authorities, but said authorities may appoint three trustees who shall have the powers, duties and responsibilities of trustees of public libraries incorporated by the regents, and thereafter the school authorities may transfer to the custody of said trustees for the purposes of a circulating library any of their library property as provided in section eleven hun- dred and thirty-eight. § 1141. Penalty for disobedience to library law, rules or orders. The commissioner of education is hereby authorized to withhold its share of public school moneys from any city or district which uses school library moneys for any other purpose than that for which they are provided, or for any wilful neglect or disobedience of the law or the rules or orders of said commissioner in the premises. EDUCATION LAW 221 ARTICLE 45 Court liibraries Section 1160. Court of appeals libraries. 1161. Court of appeals judges' law libraries. 1162. Appellate division libraries. 1163. Appellate division library, first department. 1164. Appellate division library, fourth department. 1165. Supreme court libraries. 1166. Supreme court library at !N'ew York. 1167. Supreme court library in borough of Brooklyn. 1168. Supreme court library at Newburgh. 1169. Joseph F. Barnard memorial library at Pough- keepsie. llYO. Supreme court library at Kingston. 1171. Supreme court library at Saratoga. 1172. Supreme court library at Utica. 1173. Supreme court library at Binghamton. 1174. Supreme court library at Delhi. 1175. Supreme court library at Elmira. 1176. David L. Follett memorial library at ^N'orwich. 1177. Supreme court library at Buffalo. 1178. Supreme court library at White Plains. 1179. Supreme court library at Troy. *1180. City court of the city of :N'ew York. [Added by L. 1911, ch. 824.] *1180. Supreme court library in Queens county. [Added by L. 1911, ch. 557.] § 1160. Court of appeals libraries. 1. The consul- tation library of the court of appeals is continued. Said library shall be under the exclusive supervision of that court and the chief judge may add thereto from any funds available. 2. The library of the court of appeals, located at the city of Syracuse, is continued. The regents of the university shall ap- point a suitable person to be librarian of the said library, who shall receive an annual salary of three thousand dollars, to be paid by the comptroller in monthly instalments, upon the certifi- cate of a justice of the supreme court residing in the city of Syracuse, which said amount shall be levied and assessed by the comptroller, one-half upon the county of Onondaga, and the * Two sections numbered 1180 were added to this article by the acts re- ferred to. 222 NEW YORK STATE EDUCATION DEPARTMENT residue thereof upon the several remaining counties constituting the fifth judicial district, in proportion to the assessed valuation of the real and personal property in said counties. Said libra- rian shall appoint an assistant librarian and such other assistants as shall be determined by the board of supervisors of said county of Onondaga, who shall be paid by said county of Onondaga a salary or salaries to be fixed by said board of supervisors of said county. The said library shall be maintained as a free public library for the use of the people of the state, the supreme court of the fifth judicial district and the local courts of the county of Onondaga and city of Syracuse. Such library shall be kept in the court-house of Onondaga county and without expense to the state, except for the purchase of books, binding and repair of books. The regents of the university shall frame and establish suitable rules and regulations for the use of the books in such library, and shall add to and amend the same as shall be necessary. § 1161. Court of *appeals' judges' law libraries. The law libraries of the judges of the court of appeals are continued. Each judge has sole custody and control of the library assigned to him and on expiration of his term of office shall deliver it to his successor. He may add to it from any funds available. § 1162. Appellate division libraries. The libraries heretofore established for the appellate divisions of the su- preme court are continued. They are under exclusive super- vision of the respective appellate divisions. The justices of the court shall be trustees thereof who shall continue to be vested with all the powers with regard thereto now possessed by said justices. § 1163. Appellate division library, first depart- ment. The law library of the appellate division of the first department shall be kept in the court-house thereof, and shall be in the care and custody and under the control of the justices of the appellate division of said first department, who shall be the trustees thereof. The said trustees may make rules and regula- tions for the management and protection of said library and pre- scribe penalties for the violation thereof. They may sue for and recover such penalties and may maintain actions for injury to said library. They may appoint a librarian and an assistant librarian and fix their salaries, the former at not to exceed the sum of four thousand dollars per annum, and the latter at not to exceed the sum of three thousand dollars per annum. The * So in original. EDUCATION LAW 223 said librarian shall, in addition to the duties now performed by him, perform such duties in relation to the custody and distribu- tion of stationery and other supplies furnished for the use of the appellate division of said first department as said justices of said appellate division shall direct. The said trustees may procure furniture for said library and shall defray all the expenses in- cidental to its care and management. They shall yearly ascertain the amount necessary for the aforesaid purposes and certify it to the board of estimate and apportionment, who shall provide for raising and paying the same. [Amended by L. 1911, ch. 832.] § 1164. Appellate division library, fourth de- partment. The law library of the appellate division of the fourth department shall be kept in the court-house of Monroe county and without expense to the state for heat, light, janitor service, furniture, stationery supplies, binding and repair of books, which shall be provided by said county. This library shall be maintained as a free public library for the use of the people of the state, the appellate division of the supreme court in the fourth judicial department, the supreme court of the seventh judicial dis- trict and the local courts at Rochester. The consultation library heretofore provided for the appellate court shall be a part of this library but shall remain in the justices' chambers for their own personal use. The librarian of said library and an assistant li- brarian and their successors shall be appointed and may be removed at pleasure by the justices of the appellate division of the supreme court in the fourth judicial department. The librarian shall be paid an annual salary of three thousand dollars, to be paid in monthly instalments by the state comptroller which shall be levied and assessed by him upon the counties constituting the fourth judicial department, and the assistant librarian shall be paid by the county of Monroe, a salary to be fixed by the board of super- visors of said county. A certificate of the appointment of the librarian, signed by the presiding justice of the fourth judicial department, shall be filed with the comptroller of the state. § 1165. Supreme court libraries. The following su- preme court law libraries are continued: 1. In the first judicial district the library formed by the con- solidation of the libraries of the superior court of the city of 'New York and the court of common pleas of said city and county. 2. In the second judicial district the libraries at the borough 224 NEW YORK STATE EDUCATION DEPARTMENT of Brooklyn and at Newbiirgh and the Joseph F. Barnard memo- rial law library at Poughkeepsie. 3. In the third judicial district the library at Kingston and the library at Troy. 4. In the fourth judicial district the library at Saratoga Springs. 5. In the fifth judicial district the library at Utica. 6. In the sixth judicial district the libraries at Binghamton, Delhi and Elmira, and the David L. Follett memorial library at Norwich. 7. In the eighth judicial district the library at Buffalo. 8. In the ninth judicial district the library at White Plains. § 1166. Supreme court library at New York. The law libraries of the superior court of the city of 'New York and of the court of common pleas of said city and county as consoli- dated, and the books therein, shall be the law library of the supreme court in the first judicial district and shall be in the care and custody and under the control of the justices of the supreme court in said judicial district, or a majority of them, not designated as justices of the appellate division, who shall be the trustees thereof. The said trustees may make rules and regulations for the manage- ment and protection of said library and prescribe penalties for the violation thereof. They may sue for and recover such penalties and may maintain actions for injury to said library. They may- appoint a librarian and fix his salary at not to exceed the sum of four thousand dollars per annum. They may procure proper furniture for said library, purchase books therefor and defray all the expenses incidental to its care and management. They shall yearly ascertain the amount necessary for the aforesaid purposes and certify it to the board of estimate and apportionment, who shall provide for raising and paying the same. § 1167. Supreme court library in borough of Brooklyn. The supreme court library in the borough of Brooklyn shall be under the care and management of the trustees of the law library of the borough of Brooklyn; subject, however, to such orders, rules and regulations, touching the same, as may be made, from time to time, by a majority of the justices of the supreme court, residing in said district. All appropriations made for said library, shall be paid to the said trustees, to be by them disbursed in the purchase of books for said library. The said trustees may make rules and regulations for, the management and EDUCATION LAW 225 protection of said library, and prescribe penalties for the violation thereof; they may sue for and recover such penalties, and may maintain actions for injuries to said library, and may procure proper furniture for said library, hire suitable rooms, employ a librarian, provide fuel and lights, and defray all the incidental expenses of the care and management of said library; they shall yearly ascertain the amount necessary for the aforesaid purposes, and certify it to the board of estimate and apportionment of the city of 'Ne^v York, who shall pay the same. They shall yearly make a report to the regents of the university, of the additions made to said library during the preceding year. § 1168. Supreme court library at Newburgh. The second judicial district law library at E'ewburgh shall be in charge of and under the care of the trustees of the Orange county referee law library association, and shall be governed by such rules as said trustees with the approval of a justice of the supreme court of the second judicial district may prescribe. The board of supervisors of Orange county shall, subject to the approval of a justice of the supreme court of said district, provide suitable and proper rooms in which said library shall })e placed and kept, and the annual rent of said rooms and the necessary expense of care for said library shall be a county charge payable by the treasurer of said county upon vouchers approved by a justice of the supreme court of said district. The said trustees shall appoint a librarian for such library, who shall hold office during their pleasure. Such librarian shall re- ceive an annual salary not to exceed six hundred dollars, which shall be paid to him quarterly by the treasurer of the country-, pf Orange, out of money appropriated for the court expenses in said county. It shall be the duty of said trustees to effect an insurance upon said library, the cost whereof shall be paid in like manner by the comptroller of the state of New York upon a certificate, from the appropriations that may be from time to time made for the main- tenance of said library. Such insurance shall be made in the name of the people of the state of New York, and in case of loss the amount thereof shall be expended in the purchase of new books for said library, in the same manner that the original appro- priations were used for that purpose. 8 226 NEW YORK STATE EDUCATION DEPARTMENT § 1169. Joseph F. Barnard memorial library at Poughkeepsie. The Joseph F. Barnard memorial library located in the Dutchess county court-house at Poughkeepsie shall be under the care and management of a board of trustees, which board shall consist of five members. The trustees now in office shall continue to serve for the terms for which they were appointed. At the expiration of such terms the governor shall appoint their successors, each of whom shall serve for five years and until his successor is appointed. Such appointment shall be made from among the members of the Dutchess county bar who shall have practiced law for at least ten years. Said board of trustees shall have power to receive by gift or bequest any property for the purpose of a law library and hold and manage the same, and may make rules and regulations for the management and protection of said library and prescribe penalties for the violation thereof. They may sue for and recover such penalties and may maintain actions for any injury to said library or property connected therewith. They may procure proper furniture for said library and defray all the expenses of the care and management of said library, including insurance, and the amounts required therefor shall be paid by the treasurer of the county of Dutchess upon the certificate of a jus- tice of the supreme court of the second judicial district or of the county judge of Dutchess county, out of the moneys raised in said county for court and jury expenses, which sums as well as the salary of the librarian hereinafter specified shall be a county charge upon the county of Dutchess. All appropriations made for said library shall be paid by the treasurer of the state to said trustees to be by them or by a majority of them disbursed for the purchase of books for said library and for the necessary rebind- ing of the same. The librarian of the Joseph F. Barnard memorial law library shall be appointed by said board and shall hold office at thp pleasure of said board. The salary of said librarian shall bp fixed by the board of supervisors of the county of Dutcheps^ and shall be paid quarterly on the first days of January, April, July and October in each year by the treasurer of the county of Dutchess out of the moneys raised in said county for court and jury expenses upon the certificate of the Dutchess county judge. Said librarian shall be subject to the direction of the said board and shall be governed by such rules as it shall from time to time establish. Education law 227 § 1170. Supreme court library at Kingston. The justice of the supreme court residing in the city of Kingston is hereby authorized from time to time to appoint a librarian to take charge of the law library of the third judicial district, located at Kingston, who shall be paid a salary of six hundred dollars per year, the amount to be payable upon the certificate of said justice out of the moneys raised in the county of Ulster for court expenses by the treasurer thereof, upon the presentation of such certificate. It shall also be the duty of said justice, so residing at Kingston, to effect an insurance upon said library, the cost whereof shall be paid in like manner by the comptroller of the state of New York upon a like certificate. Such insurance shall be made in the name of the people of the state of !N'ew York, and in case of loss the amount thereof shall be expended in the purchase of new books for said library, in the same manner that the original appropriations were used for that purpose. § 1171. Supreme court library at Saratoga. The justices of the supreme court of the fourth judicial district for the time being shall be ex officio trustees of the supreme court library at Saratoga, and the same shall be under the care and management of the said trustees; and it shall be the duty of the said justices, by a majority of their said number, from time to time to make orders, rules and regulations touching the care, man- agement, protection and due preservation of the said library, and prescribe penalties for the violation thereof, and they may sue for and recover such penalties for violation thereof, and may maintain actions for injuries to said library. They may procure proper furniture for said library, hire suitable rooms, appoint a suitable librarian, provide fuel and lights, and defray all incidental ex- penses of the care and management of the said library. All appropriations made for said library shall be paid to said trustees, to be by them disbursed in the purchase of books for said library. The said trustees shall report annually to the trustees of the state library the catalogue of books in the said library, and the state and condition thereof. The trustees of the state library are hereby authorized to place in said library any duplicates of books in their possession not needed in the state library. § 1172. Supreme court library at Utica. A jus- tice of the supreme court residing in the city of Utica, if there be a resident justice in said city, and if not, a justice of the su- 228 NEW YORK STATE EDUCATION" DEPARTMENT preme court residing in the county of Oneida, is hereby authorized to appoint from year to year beginning September first, nineteen hundred and eight, a librarian to take charge of the law library in the fifth judicial district, located in the city of Utica, who shall be paid a salary to be fixed by said judge not exceeding one thousand dollars per year. The said judge may also appoint an assistant librarian if in his judgment such assistant is necessary, who shall hold ofiice during the pleasure of said judge, and who shall be paid a salary fixed by him not exceeding six hundred dollars per year. Said salaries shall be payable on the certificate of the said justice of the supreme court residing in the city of Utica, if there be such justice, and if not, on the certificate of a justice of the supreme court residing in the fifth judicial district, out of the moneys raised in the county of Oneida for court ex- penses by the treasurer thereof, upon the presentation of such certificate. § 1173. Supreme court library at Binghamton. All books purchased for the supreme court library, located at Binghamton, under and in pursuance of the laws of the state relating thereto shall be purchased by the justice of the supreme court residing at that place, or if there be no justice there, then by the justice residing nearest to the city of Binghamton. The books so purchased shall be paid for on the order of such justice. The librarian of such library shall be appointed by said justice, and shall hold office during his pleasure. The salary of said libra- rian shall be paid monthly in each year, and the amount thereof shall be fixed in the month of October in each year for the follow- ing year by said justice, which shall be paid by the county of Broome, but shall not exceed six hundred dollars in any one year. Said librarian shall be subject in all respects to the direction of said justice, and shall be governed by such rules and regulations as he shall make from time to time. The board of supervisors of Broome county shall provide a suit- able room or rooms and suitable cases in the court-house at Bing- hamton for said supreme court library. The contingent expenses of said library, except for the purchase of books, shall be paid as heretofore by the county of Broome; which contingent expenses must be first certified to be correct by one of said justices or by the county judge of said county. Said court may have said library insured for the benefit of said library and the policies made pay- able to the clerk of the county of Broome and any insurance money EDUCATIOISr LAW 229 received shall be invested and shall be paid out by said clerk under the orders of the justice of the supreme court charged with the purchase of books for said library, in restoring said library, in purchasing additional books therefor and in paying expenses neces- sarily incurred by reason of a fire in removing and caring for said library and in adjustment of the loss under the policies of insur- ance thereon. The librarian of said library shall, upon the written request of any justice of the supreme court of such district, send to said justice any of the books contained in said library, and pay the charges for sending and returning the same. The sum so paid by him shall be repaid to him out of any moneys appropriated for the support or maintenance of said library, upon being duly certified by a majority of the justices of the supreme court of said district. § 1174. Supreme court library at Delhi. The jus- tices of the supreme court of the sixth judicial district, or a majority of them, shall appoint a librarian for the supreme court library, located at Delhi, Delaware county, which librarian shall hold his office during the pleasure of said justices. Such appoint- ment shall be in writing and signed by a majority of said justices and filed in the office of the clerk of Delaware county. The salary of such librarian shall be five hundred dollars per annum, and shall be paid in quarterly payments of one hundred and twenty- five dollars each, on the last day of each of the months of March, June, September and December of each year, by the county treas- urer of the county of Delaware, from the funds in his hands as such treasurer. Said librarian shall be subject to the directions of said justices, and shall be governed by such rules and regulations as they shall make from time to time. § 1175. Supreme court library at Elmira. The supreme court library at Elmira shall be under the care and man- agement of a board of trustees which board shall consist of three members who shall be appointed by the governor from among the members of the Chemung county bar who shall have practiced law for at least ten years. At the expiration of the terms of the trustees now in office the governor shall appoint their successors, each of whom shall serve for three years and until his suc- cessor is appointed. All appropriations made for said library shall be paid to said trustees, to be by them or a majority of them disbursed in the purchase of books for said library. The 230 NEW YORK STATE EDUCATION DEPARTMENT said, trustees may make rules and regulations for the management and protection of said library and prescribe penalties for the violation thereof. They may sue for and recover such penal- ties, and may maintain actions for injuries to said library. They may procure proper furniture for said library; hire suitable rooms; provide fuel and lights; and defray all the incidental ex- penses of the care and management of said library, including the insurance thereof. The amounts required therefor shall be paid by the treasurer of the county of Chemung, upon the certificate of the resident justice of the supreme court, if there be one, and if not, upon the certificate of any justice of the supreme court of the district, out of the moneys raised in said county for court ex- penses, which sums, as well as the salary of the librarian hereafter specified, shall be a county charge upon said county of Chemung. The librarian of said library shall be appointed by said board, and shall hold office during the pleasure of said board. The salary of said librarian shall be paid quarterly on the first days of Janu- ary, April, July and October in each year and the amount thereof shall be fixed in the month of October in each year for the follow- ing year by said board, but such salary shall not exceed six hun- dred dollars in any year, and the same shall be paid by the treasurer of the county of Chemung out of the moneys raised in said county for court expenses, upon the certificate of the resident justice of the supreme court, if there be one, and if not, upon the certificate of any justice of the supreme court in the district. Said librarian shall be subject to the directions of said board and shall be governed by such rules as it shall from time to time make. § 1176. David L. FoUett memorial library at Nor- wich. The supreme court library at N'orwich, known as " The David L. Follett Memorial Library " shall be under the care and management of a board of trustees which board shall con- sist of five members who shall be appointed by the governor from among the members of the Chenango county bar who shall have practiced law for at least ten years. At the expiration of the terms of the trustees now in office the governor shall appoint their successors, each of whom shall serve for five years and until his successor is appointed. The said board of trustees shall have power to receive by gift or devise, any property conveyed for the purpose of a law library and hold and manage the same and may make rules and regulations for the management and protection of EDUCATIOIS^ LAW 231 said library and prescribe penalties for the violation thereof. They may sue for and recover such penalties and may maintain actions for any injury to said library or its property. They may procure proper furniture for said library; hire suitable rooms; provide fuel and lights, and defray all the incidental expenses of the care and management of said library, including the proper insurance thereof. The amounts required therefor shall be paid by the treasurer of the county of Chenango, upon the certificate of a resident justice of the supreme court, if there be one, and if not, upon the certifi- cate of any justice of the supreme court of the sixth judicial dis- trict, out of the moneys raised in said county for court expenses, which sums as well as the salary of the librarian hereinafter speci- fied, shall be a county charge upon said county of Chenango. All appropriations made for said library shall be paid by the treasurer of the state to said trustees, to be by them or by a majority of them disbursed in the purchase of books for said library and for the necessary rebinding of the same. The librarian of the said library shall be appointed by said board, and shall hold office during the pleasure of said board. The salary of said librarian shall be paid quarterly on the first days of January, April, July and October in each year and the amount thereof shall be fixed in the month of October in each year for the following year by said board, but such salary shall not exceed five hundred dollars in any year, and the same shall be paid by the treasurer of the county of Chenango out of the moneys raised in said county for court expenses upon the certificate of the resi- dent justice of the supreme court, if there be one ; and if not upon the certificate of any justice of the supreme court in said district. Said librarian shall be subject to the direction of the said board and shall be governed by such rules as it shall from time to time establish and ordain. § 1177. Supreme court library at Buffalo. The supreme court library at Buffalo shall be under the care and management of the present trustees and their successors in office ; who shall be known as the trustees of the law library of the eighth judicial district. In case of a vacancy in said board of trustees it shall be filled at a term of the appellate division of the supreme court of the fourth judicial department, by the justices thereof, who shall appoint to such vacancy either a justice of the supreme court residing in the eighth judicial district or an attorney and counselor at law residing in the eighth judicial district and of at 232 NEW YORK STATE EDUCATIOI^ DEPARTMENT least ten years' standing at the bar; provided, however, that at all times at least four of the trustees of said library shall be residents of the county of Erie. All appropriations made for said library shall be paid to the said trustees, to be by them disbursed in the purchase of books, and in the repair of books, for said library. The said trustees shall appoint a suitable person librarian of said library, who shall receive an annual salary of two thousand five hundred dollars, to be paid by the comptroller in monthly instalments, upon the certificate of the treasurer of the trustees of said library, which said amount shall be levied and assessed by the comptroller, one-half upon the county of Erie, and the residue thereof upon the several remaining counties constituting the eighth judicial district, in proportion to the assessed valuation of the real and personal property in said counties. The said trustees may make rules and regulations for the management and protection of said library, and prescribe penalties for the violation thereof ; and may sue for and recover such penalties, and may maintain actions for injuries to said library; they may procure proper furniture for said library, hire suitable rooms, employ assistants to said librarian, provide fuel and lights, and defray all the incidental expenses of the care and management of said library; they shall yearly ascertain the amount necessary for the aforesaid purposes and certify it to the board of supervisors of Erie county, who shall pay the same. They shall yearly make a report to the regents of the university of the state of said library. The said library shall be maintained as a free public library for the use of the people of the state, the supreme court of the eighth judicial district, and the local courts of the county of Erie and of the city of Buffalo. [Amended hy L. 1911, ch. 58, in ejfed April 5, 1911.] § 1178. Supreme court library at White Plains. The supreme court library at White Plains shall be under the care and management of a board of trustees, which board shall consist of five members, who shall be appointed by the governor, from among the members of the Westchester county bar, who have practiced law for at least ten years. At the expira- tion of the terms of the members of said board of trustees now in office the governor shall appoint successors to said trustees, who shall serve for five years and until their successors have been appointed. The said board of trustees shall have power to receive by gift, devise or bequest any property given or conveyed for the purpose of a law library, and hold and manage the same, and may EDUCATION LAW 233 make rules and regulations for the management and protection of said library and prescribe penalties for the violation thereof. They may sue for and recover such penalties and may maintain actions for any injury to said library or its property. They may pro- cure proper furniture for said library ; hire suitable rooms, provide fuel and lights and defray all the incidental expenses of the care and management of said library including the proper insurance thereof. The amounts required therefor shall be paid by the treas- urer of the county of Westchester, upon the certificate of a resident justice of the supreme court, if there be one, and if not, upon the certificate of any justice of the supreme court of the ninth judicial district, out of the moneys raised in said county for court expenses, v^^hich sums, as well as the salary of the librarian hereinafter specified, shall be a county charge upon said county of Westchester. All appropriations made by the state for said library for purposes not hereinbefore otherwise provided for shall be paid by the treasurer of the state, upon the warrant of the comptroller, to said trustees to be by them, or a majority of them, disbursed in the purchase of books for said library and for main- tenance and supplies. The librarian of said library, who shall be a regularly admitted attorney and counselor-at-law who has prac- ticed law for at least five years, shall be appointed by said board of trustees and shall hold office during the pleasure of said board. The amount of the salary of said librarian shall be fixed by said board of trustees, and shall be paid in monthly instalments by the treasurer of the county of Westchester out of the moneys raised in said county "for court expenses, upon the certificate of a resident justice of the supreme court, if there be one, and if not, upon the certificate of any justice of the supreme court of the ninth judicial district. Said librarian shall be subject to the direction of the said board of trustees and shall be governed by such rules as it shall from time to time establish and ordain. § 1179. Supreme court library at Troy. The su- preme court library at Troy shall be under the care and man- agement of a board of trustees, which board shall consist of three members, who shall be appointed by the governor from among the members of the Rensselaer county bar, who shall have prac- ticed law in said county for at least ten years. At the expiration of the terms of the members of said board of trustees now in office the governor shall appoint successors to said trustees who shall serve for three years and until their successors have been ap- pointed. The ?aid board of trustees shall have power to receive. 234 NEW YORK STATE EDUCATION" DEPARTMENT by gift or devise, any property conveyed for the purpose of a lav7 library and hold and manage the same and may make rules and regulations for the management and protection of said library and prescribe penalties for the violation thereof. They may sue for and recover such penalties and may maintain actions for any injury to said library or its property. They may procure proper furniture for said library; and defray all the incidental expenses of the care and management of said library, including insurance thereof and telephone service. The amounts required therefor shall be paid by the treasurer of the county of Kensselaer, upon the certificate of a resident justice of the supreme court, if there be one, and if not upon the certificate of any justice of the supreme court of the third judicial district, out of the moneys raised in said county for court expenses, which sums as well as the salary of the librarian hereinafter specified, shall be a county charge upon said county of Jiensselaer. All appropriations made for said library shall be paid by the treasurer of the state to said trustees to be by them or by a majority of them disbursed in the purchase of books for said library and for the necessary rebinding of the same. The board of supervisors of Rensselaer county shall provide within the court house in the city of Troy, suitable rooms for said library, and shall provide heat and light therefor. The librarian of the supreme court library at Troy shall be appointed by said board, and shall hold office during the pleas- ure of said board. The salary of said librarian shall be paid quarterly on the first days of January, April, July and October in each year and the amount thereof shall be fixed in the month of October in each year for the following year by said board, and the same shall be paid by the treasurer of the county of Rensselaer out of the moneys raised in said county for court ex- penses upon the certificate of the resident justice of the supreme court, if there be one; and if not upon the certificate of any jus- tice of the supreme court in said district. Said librarian shall be governed by such rules as it shall from time to time establish and ordain. § 1180. City court of tlie city of New York. The law library of the city court of the city of New York shall be kept in the court house thereof, and shall be in the care and custody and under the control of the justices of the said court, who shall be the trustees thereof. The said trustees may make rules and reg- ulations for the management and direction of the said library and prescribe penalties for the violation thereof. They may sue for EDUCATION LAW 235 and recover said penalties and may maintain actions for injury to said library. They may appoint a librarian, whose salary shall be fixed by the board of estimate and apportionment of said city. The said librarian shall, in addition to the duties of taking care of the books of the library, also perform such duties in relation to the custody and distribution of the stationery and other supplies furnished for the use of the city court, and such other duties, as the justices direct. The said trustees may procure furniture for said library and shall defray all the expenses incidental to its care and management. They shall yearly ascertain the amount neces- sary for the aforesaid purposes and certify it to the board of esti- mate and apportionment of the city of E^ew York, which shall include in the annual budget such sums as said board may deem advisable, which sums shall be paid by the city of 'New York. [Added by L. 1911, ch. 824.] § 1180. Supreme court library in Queens county. There is hereby established a law library in the second judicial dis- trict, to be located in the county of Queens in the borough of Queens in the city of New York, which shall be designated as the supreme court library in the county of Queens. The said library shall be under the care and management of a board of trustees which shall consist of five members who shall be appointed by the resident supreme court justice or justices of the county of Queens from among the members of the Queens county bar who have practiced law for at least ten years. If there shall be no resident supreme court justice in the county of Queens, then the appoint- ment of the trustees shall be made by a majority of the justices of the appellate division of the supreme court for the second judi- cial department. Upon the passage of this act there shall be appointed in the manner above mentioned, one member of said board of trustees who shall serve until the thirty-first day of December, nineteen hundred and eleven; one member who shall serve until the thirty-first day of December, nineteen hundred and twelve; one member who shall serve until the thirty-first day of December, nineteen hundred and thirteen; one member who shall serve until the thirty-first day of December, nineteen hundred and fourteen; and one member who shall serve until the thirty- first day of December, nineteen hundred and fifteen. At the ex- piration of such terms there shall be appointed in the manner above mentioned, successors to said trustees, each of whom shall serve for five years and until his successor shall be appointed. The said board of trustees shall have power to receive by gift, 236 NEW YORK STATE EDUCATIOI^ DEPARTMENT devise or bequest any property given or conveyed for the purpose of a law library and hold and manage the same and may make rules and regulations for the management and protection of said library and prescribe penalties for the violation thereof. They may sue for and recover such penalties and may maintain actions for any injury to the said library or its property. They may procure proper furniture for said library ; hire suitable rooms ; provide fuel and lights and defray all incidental expenses of the care and management of said library, including the proper insurance thereof, and employ and appoint such persons as they may think necessary for the proper care, management and main- tenance of said library, said appointees and employees to be selected from the appropriate civil service eligible list as required by law. They shall yearly ascertain the amount necessary for the aforesaid purposes and certify it to the board of estimate and apportionment of the city of New York, which shall include in the annual budget such sums as said board of estimate shall deem advisable, which sums shall be paid by the city of !N'ew York. All appropriations made by the state for the said library for purposes not otherwise herein provided for shall be paid by the treasurer of the state upon the warrant of the comptroller to the said trustees, to be by them, or a majority of them, disbursed in the purchase of books for said library. ^Added hy L. 1911, ch. 657.] ARTICLE 46 Laivs Repealed; Saving' Clause; When to Take Effect Section 1190. Laws repealed. 1191. Saving clause. 1192. When to take effect. § 1190. Laivs repealed. Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is hereby repealed. § 1191. Saving clause. Nothing herein contained shall be construed to impair or in any manner affect or change any special law touching the schools or school system of any city or in- corporated village unless the same is so stated. § 1192. When to take effect. This chapter shall take effect immediately. EDUCATION LAW 237 Revised Statutes Revised Statutes Revised Statutes Revised Statutes Revised Statutes Revised Statutes Laws of 1784 1784 1787 1791 1795 1796 1797 1798 1801 1801 1802 1807 1808 1809 1810 1811 1812 1812 1813 1813 R. L. 1813.. R. L. 1813.. 1814 1814 1815 1815 1816 1817 1818 1819 1819 1819 Schedule of Laws Repealed. . Part 1, chapter 9, title 8 All . Part 1, chapter 15, title 1 .All . Part 1, chapter 15, title 2 All . Part 1, chapter 15, title 3 All . Part 1, chapter 15, title 4 All . Part 1, chapter 15, title 6 All Chapter Section fj J. 15 . . . XiiJ. \^ i ... All (8 82 ... All 45 ... All 75 ... All 49 ... All 34 ... All 48 ... All 189 ... 3 195 ... 28 30 ... All 135 ... All 218 ... All 156 . . . 4 85 ... 10 246 ... 53, 54 131 ... All 242 ... All 52 ... All 100 ... All 59 ... All 82 ... 17 27 ... All 192 ... All 207 ... All 252 . . . All 202 . . . All 89 ... All 276 . . . All 161 . . . All 164 . . . All 239 . . . All 238 NEW YORK STATE EDUCATION DEPARTMENT Laws of Chapter Section 1820 . . 224 . . Ail 1821 48 . . All 1821 61 . . All 1821 73 . . All 1821 . . 240 .. 2 1822 . . 234 . . All 1822 . . 256 . . All 1823 . . 189 . . All 1823 . . 193 . . All 1823 . . 269 . . 27 1824 . . 131 .. All 1824 . . 239 . . 22 1824 . . 276 .. 9 1825 . . 166 . . 1-3, 5 1825 . . 203 . . All 1826 30 . . All 1827 97 . . 2-4 1827 . . 293 . . All 1828 .. 21 . . 1, 1[1 227, 267, 282, 411, 418, 442, 500, 524 (2d meet.) 1829 .. 287 . . 2-9 1829 . . 376 .. 5 1830 . . 170 .. All 1830 . . 219 . . All 1830 . . 240 . . 16, pt. affecting R. S., Pt. 1, Ch. 15, Tit. 2, Art. 1, § 3 1830 . . 284 .. 2 1830 . . 320 . . 5-7 1831 44 .. All 1831 . . 142 . . All 1831 . . 206 . . All 1832 . . 223 .. All 1832 . . 299 . . All 1832 . . 317 . . All 1833 19 . . All 1833 . . 109 . . All 1834 . . 140 . . All 1834 . . 241 . . All 1835 34 . . All 1835 80 . . All EDUCATION LAW Laws of Chapter Section 1835 . . 123... All 1835 .. 138... 1 1835 . . 308... All 1836 . . 142... All 1836 .. 226... 1-3 1836 . . 228... 2-4 1836 . . 399 4 1836 .. 511... 3 1837 . . 200... All 1837 . . 241... All 1837 . . 298... All 1838 . . 244... All 1839. . . 177... All 1839 . . 200... All 1839 . . 226... All 1839 . . 315... 1,2 1839 . . 330... All 1840 . . 174... 2 1840 . . 366... All 1840 . . 381... All 1841 . . 163... All 1841 . . 260... All 1842 . . 142... All 1842 . . 150... 4 1842 . . 273... All 1843 85... All 1843 133 All 1844 . . 234... All 1844 . . 254... All 1844 . . 255... All 1844 . . 261... All 1844 . . 311... All 1844 . . 320... 50, pt. repealing L, 150 1845 14... 2 1845 85... All 1845 .. 179... All 1846 . . 45... All 1846 66... All 1846 .. 132... All 239 1842, Ch. 240 NEW YOKK STATE EDUCATION DEPARTMENT Laws of Chapter Section 1846 . . 186 . . All 1846 . . 323 . . All 1847 50 . . All 1847 . . 172 . . All 1847 .. 190 . . All 1847 .. 208 .. 3 1847 .. 211 . . All 1847 .. 212 . . All 1847 .. 273 . . All 1847 .. 358 . . All 1847 .. 361 . . All 1847 .. 388 . . All 1847 . . 443 . . All 1847 .. 480 . . All 1847 .. 485 . . All 1848 .. 262 . . 2-4 1848 .. 318 . . All 1849 .. 140 . . All 1849 .. 175 . . All 1849 .. 266 . . All 1849 .. 300 . . All 1849 .. 382 . . 1-12, 14-16 1849 .. 388 .. All 1849 .. 404...... . . All 1850 7 .. All 1850 51 . . 1 1850 89 .. All 1850 .. 184 .. All 1850 .. 261 .. All 1850 .. 360 .. All 1850 .. 378 . . All 1851 .. 151 .. All 18^1 .. 425 . . All 1851 .. 449 .. All 1851 . . 500 .. All 1851 , .. 544 . . All 1852 97 .. All 1852 , .. 333 .. 2-4 1852 , .. 366 .. All 1853 . .. 78 .. All EDU CATION LAW Laws of Chapter Section 1853 .. 115 . . All 1853 . . 184 . . All 1853 . . 185 . . All 1853 . . 402 . . All 1853 . . 433 . . All 1853 . . 491 . . All 1854 80 . . All 1854 97 . . All 1854 . . 167 . . All 1854...... . . 228 . . All 1854 . . 272 . . 1-3 1855 18 . . All 1855 . . 50 . . All 1855 91 . . All 1855 . . 178 . . All 1855 . . 410 . . All 1855 . . 471 . . 1-3 1855 . . 539 1 pt. re 1856 51 . . All 1856 . . 71 . . All 1856 . . 168 . . All 1856 . . 179 . . All 1856 . . 180 . . All 1856 . . 186 . . All 1857 51 .. 3,4 1857 . . 527 . . All 1858 . . 151 . . All 1858 . . 290 . . All 1859 . . 230 . . All 1859 . . 278 . . All 1859 . . 395 . . All 1859 . . 426 .. All 1860 . . 314 . . All 1860 . . 402 . . All 1860 .. 456 . . All 1862 . . 351 . . All 1862 . . 384...... . . All 1862 . . 450 . . All 1863 .. 325 . . All 1863 .. 378 . . All 241 relating to indigent blind 242 ]S'EW YORK STATE EDUCATIOJS" DEPARTMENT Laws of Chapter Section 1863 .. 401 .. All 1863 .. 418 . . All 1863 .. 463 . . All 1864 .. 386 . . All 1864 . . 555 .. All 1864 .. 556 .. /ll 1864 . . 583 . . All 1865 . . 445 . . All 1865 . . 585 .. All 1865 .. 587 . . All 1865 . . 647 .. All 1865 . . 722 . . All 1866 . . 78 . . All 1866 . . 466 ..All 1866 . . 520 . . All 1866 . . 708 . . All 1866 . . 800 . . All 1866 . . 882 . . All 1867 84 . . All 1867 . . 406 .. All 1867 . . 583 .. All 1867 . . 725 . . All 1867 . . 744 . . All 1867 . . 763 . . All 1867 . . 819 . . All 1869 18 . . All 1870 60 .. All 1870 . . 166 . . All 1870 . . 180 .. All 1870 . . 492 . . 2, commencing " The local boards " and ending " the respective schools " 1870 . . 557 ..All 1870 . . 565 . . All 1871 . . 166 . . All 1871 . . 329 . . All 1871 . . 359 . . All • 1871 . . 548 . . All 1871 . . 711 . . All 1871 . . 746 . . All EDUCATION LAW Laws of Chapter Section 1871 .. 747... All 1872 .. 392... All 1872 .. 616... All 1872 .. 654... All 1872 . . 670... All 1873 .. 463... All 1873 . . 642 .. . 4-11 1874 45 . . . All 1874 .. 253... All 1874 . . 421... All 1874 . . 514... All 1875 . . 176... All 1875 . . 213... All 1875 . . 322... All 1875 . . 372... All 1875 . . 567... All 1876 50... All 1876 . . 132... All 1876 . . 318... All 1876 . . 372... All 1876 . . 374... All 1877 33... All 1877 . . 94... All 1877 . . 161... All 1877 . . 163... All 1877 . . 219... All 1877 . . 413... All 1877 . . 425... 1-6 1878 . . 173... All 1878 . . 174... All 1878 . . 248... All 1879.... . . . . 134... All 1879 . . 264... All 1879 . . 289... All 1879 . . 396... All 1879 . . 405 .. . All 1880 9. . . All 1880 27... All 1880 . . 210... All 1880 . . 348... All 243 244 NEW YORK STATE EDUCATION DEPARTMENT Laws of Chapter Section 1880 . . 355 . . All 1880 .. 400 .. 3 1880 .. 455 . . All 1880 . . 514 . . All 1880 . . 527 .. All 1880 . . 549 1, so far as amendatory of L. 1879, Ch. 272 1881 . . 120 . . All 1881 . . 223 . . All 1881 . . 281 ..All 1881 . . 377 . . All 1881 . . 492 . . All 1881 . . 528 . . All 1881 . . 032 . . All 1881 . . 675 . . All 1882 51 . . All 1882 . . 115 .. All 1882 . . 116 . . All 1882 . . 147 . . All 1882 .. 318 . . All 1882 . . 319 . . All 1882 . . 333 . . All 1882 .. 381 . . All 1883 75 . . All 1883 . . 172 .. All 1883 . . 250 . . All 1883 . . 270 . . All 1883 . . 275 ..All 1883 . . 294 . . All 1883 . . 328 . . All 1883 . . 355 . . 2-4 1883 413 All 1883 . . 414 . . All 1883 423 All 1884 30 . . ..All 1884 49 . . All 1884 89 . . All 1884 . . 179 . . All 1884 . . 248 . . All 1884 .. 413 . . All EDUCATION LAW 245 Laws of Chaptei Section 1884 . . 427... All 1885 58... All 1885 . . 146... 1 1885 . . 340... 1-11 1885 . . 533... All 1886 . . 121... All 1886 . . 199... All 1886 . . 292... All 1886 . . 413... 1, beginning " and it shall be the duty of " and ending " of the state '' 1886 . . 428... All 1886 . . 493... All 1886 . . 591... All 1886 . . 595... All 1886 . . 614... ..... All 3 886 . . 615... All 1886 . . 655... All 1887 14... All 1887 . . 291... All 1887 . . 318... All 1887 . . 333... All 1887 . . 334... All 1887 . . 335... All 1887 . . 538... All 1887 . . 540... All 1887...... . . 592... All 1887 . . 602... All 1887 . . 652... All 1887 . . 672... All 1887 . . 675... All 1887 . . 709... All 1888 27... All 1888 . . 196... All 1888 . . 209... All 1888 . . 331 .. . All 1888 . . 334... All 1888 .. 337... All 1888 .. 444... All 1888 .. 533... All 246 NEW YORK STATE EDUCATION DEPARTMENT Laws of Chapter Section 1889 25 . . Ail 1889 . . 77 . . 1 1889 dO . . All 1889 . . 131. .... . . All 1889 . . 139 . . All 1889 . . 142 . . All 1889 . . 245 . . All 1889 . . 328 . . All 1889 . . 333 . . All 1889 . . 517 . . All 1889 . . 529 . . All 1890 73 . . All 1890 . . 74 . . All 1890 . . 170 . . All 1890 . . 175 . . All 1890 . . 197 .. All 1890 . . 352 . . All 1890 . . 431 . . All 1890 . . 469 . . All 1890 . . 524 . . All 1890 . . 526 . . All 1890 . . 534 . . All 1890 . . 548 . . All i»y± . . 303 . . All 1891 . . 329 . . All 1891 . . 377 . . All 1892 36 . . All 1892 . . 152 . . All 1892 . . 214 . . All 1892 . . 280 . . All 1892 . . 352 . . All 1892 . . 378 . . All 1892 . . 573 . . All 1893 6 . . All 1893 58 . . All 1893 63 . . All 1893 . . 484 . . All 1893 . . 485 . . All 1893 . . 488 . . All 1893 . . 500 . . All EDUCATION LAW 24^ Laws of Chapter Sectioii 1893 .. 636... All 1893 .. 706... All 1894 .. 127... All 1894 .. 229... All 1894 .. 443... All 1894 .. 488... All 1894 .. 556... All 1894 .. 671... All 1895 .. 87... All 1895 .. 222... All 1895 .. 223... All 1895 .. 231... All 1895 .. 232... All 1895 .. 273... All 1895 .. 274... All 1895 .. 337... All 1895 .. 341... 2 1895 .. 362... 1, 2 1895 .. 546... All 1895 .. 550... All 1895 .. 553... . ... 10 1895 .. 563... All 1895 .. 577... All 1895...... .. 630... All 1895 .. 767... All 1895 .. 768... All 1895 .. 769... All 1895 .. 853... All 1895 . . 859... All, except pt. amending L. 1892, Ch. 378, § 19, last two sentences 1895 .. 988... All 1895 .. 1031... All 1895 . . 1041. . . All 189G .. 71... All 1896 .. 156... All 1896 .. 165... All 1896 .. 177... All 1896 .. 196... All 1896 .. 238... All 248 NEW YORK STATE EDUCATION DEPARTMENT Laws of Chapter Section 1896 ... 264 ... All 1896 ... 434 ... All 1896 ... 467 ... All 1896 ... 493 ... All 1896 ... 575 ... All 1896 ... 586 ... All 1896 ... 606 ... All 1896 ... 646 ... All 1896 ... 901 ... All 1897 ... 97 ... All 1897 ... 185 ... All 1897 ... 195 ... All 1897 ... 224 ... All 1897 ... 293 ... All 1897 ... 294 ... All 1897 ... 466 ... All 1897..... ... 482 ... All 1897 ... 495 ... All 1897 ... 512 ... All 1897 ... 689 ... All 1898 ... 122 ... All 1898 ... 223 ... All 1898 ... 481 ... All 1898 ... 649 ... All 1899 ... 440 ... All 1899 ... 489 ... All 1899 ... 540 ... All 1900 22 ... All 1900 ... 258 ... All 1900. .. . .. 301 ... All 1900 ... 481 ... All 1900 ... 490 ... 3 1900 ... 492 ... All 1901 85 ... 1 1901 ... 201 ... All 1901 ... 343 ... All 1901 ... 480 ... All 1901 ... 492 ... All 1901 ... 498 ... All 1901 ... 592 ... All EDUCATION LAW z4:Vf Laws of Chapter Section 1901 . . 644... 3 , part beginning "All persons " and ending ^' proper regula- tions " 1902 IG... All 1902 32... All 1902 . . 185... All 1902 . . 316... All 1902 . . 325... All 1902 . . 393... All 1903 62... All 1903 . . 112... All 1903 . . 125... All 1903 . . 175... All 1903 . . 223... All 1903 . . 233... All 1903 . . 265... All 1903 . . 289... All 1903 . . 459... All 1903 . . 463... All 1903 . . 489... All 1903 . . 576... All 1904 37... All 1904 40... All 1904 . . 166... ..:.. All 1904 . . 254... All 1904 . . 281... All 1904 . . 305... All 1904 . . 322... All 1904 . . 390... All 1904 . . 424... All 1904 . . 427... All 1904 . . 677... All 1905 97... All 1905 . . 119... All 1905 . . 154... All 1905 . . 161... All 1905 . . 252... All 1905 . . 258... All 1905 . . 280... All 1905 . . 311... All 250 NEW YORK STATE EDUCATION DEPARTMENT Laws of Chapter Section iy05 562 All 1905 563 All 1906 1 All 1906 58 All iy06 64 All 1906 150 All 1906 200 All 1906 218 All 1906 682 3, 4 1906 698 Ail 1907 103 All 1907 184 All 1907 186 All 1907.. 496 4 1907 585 All 1907 606 All 1907 608 All 1907 609 All 1908 79 All 1908 200 3 1908 201 2-4, 7 1908 202 All 1908 249 All 1908 263 1-5; 6, first sentence; 7 1908 304 All 1908 365 All 1908 476 All 1908 482 All 1908 499 All 1909 1 All 1909 141 All 1909 252 All 1909 263 All 1909 404 All 1909 406 All 1909 409 All 1909 415 All EDUCATIOJS^ LAW 251 TABLE SHOW^ING DISPOSITION OF SECTIONS OF EDUCATION LAW^ (L. 1909, Ch. 21) IN AMENDATORY ACT OF 1910 (Ch. 140) Section of act of 1909 Section of act of 1910 1 1 2..., 2 201 |120 "\121 21/ 22..., . . 127 23.... . . 123 24... . . 124 25..., . . 125 26... . . 128, 133 27... . . 129 28... . . 130 29... . . 131 30... . . 132 31. . . . . 134 32... . . 135 33... . . 136 34... . . 137 35... . . 138 36... . . 139 37... . . 140 38... . . 141 39... . . 142 40... . . 144 41... . . 143 42... . . 145 43... .. 146 44... .. 147 45. .. .. 148 46... .. 149 47... .. 150 48. .. . . 151 49... . . 152 Section of act of 1909 Section of act of 1910 60. . . . . 170 61.... . 171 62.... . 172 80.... . 190 81.... . 191 82.... . 192 83.... . 193 84.... . 194 85.... . 196 86 ... . . 197 87.... . 195 88.... . 198 89.... . 19-9 90.... . 20O 91.... . 201 92.... . 202 93.... . 203 94.... . 204 95.... . 205 96.... . 206 97.... . 207 110.... . 450 111.. .. . 451, 452 11'2.... . 453 113.... . 454 114.... . 455 115.... . 456 116.... . 457 117.... . 458 118.... . 459 119.... . 460 120.:.. , . 461 252 NEW YORK STATE EDUCATION DEPARTMENT Section Section Section Section of act of of act of of act of of act of 1909 1910 1909 1910 121 462 198 276 122 463 199 277 123 464 200 278 124 465 201 279 125 466 202 280 126 467 203 281 140 222 204 282 141 221 205 283 142 224 • 220 300 143 225 221 301 144 226 222 302 145 227 223 303 146 228 224 305 147 229 225 306 148 230 226 307 149 232 227. 308 150 233 228 30-9 151 234 229 310 152 235 230 312 170 250' 231 313 171 251 232 314 172 252 233 315 173 253 234 316 174 254 " 235 317 175 255 236 318 • 176 256 237 319 177 257 . 238 320 190 270 239 Eepealed (See § 191 271 97.) 192 272 240 310, subd. 20 193 273 241 321 194 274 242 323 195 275, subds. 1-3, 243 324 5-11, 13; §284 244 325 19'6 275, subds. 14-19 245 326 197 275, subd. 17 246 Eepealed EDUCATIOJN^ LAW 253 Section Section Section Section of act of of act of of act of of act of 1909 1910 1909 1910 247 327 340 94, subd. 10 248 328 341 97-98 26'0 340 360 880 261 341 361 881 280 360 362 882 281 361 380 410 282 362 381 411 283 363 382 412 284 364 38'3 413 285 365 384 414 300 380 385 415 301 381 386 440 302 382 387 440 303 383 387-a.... 440 304 384 388 416 305 385 389 417 306 386 390 418 307 387 391 419 308 388 392 420 309 389 393 421 310..... 390 394 422 311 391 395 423 312 392 39'6 424 313 393 . 397 425 314 394 398 426 315 395 399 427 330 90-93 400 428 331 94 401 429 332 25 402 430 333 Eepealed 403 431 334 Eepealed 404 432 335 26 405 433 336 94, subd. 7 400 434 337 94, subd. 8 407 435 338 95 408 436 339 94, subd. 9 409 437 264 NEW YORK STATE EDUCATION DEPARTMENT Section Section Section Section of act of of act of of act of of act of 1909 1910 1909 1910 410 438 511 861 411 439 512 862 430 480 530 621,622,623 450 490 531 624, 625 451 491 532 626, 627 452 492 533 628 453 493 534 629,630,631 454 494 ' 535 632 455 49'5 536 633, 634 456 496 537 635 457 497 538 636 458 498 55'0 550 459 499 551 551 460 500 552 553, 554 461 601 553 555 462 502 554 •. 556 48'0 520 555 557 481 521 556 558 482 522 5-57 559 483 523 558 560 '484 524 559 Eepealed 485 525 560 Repealed 486 626 561 Eepealed 487 527 562 561 488 528 563 562 500 850- 564 563 501 . 851 565 564 502 852 566 565 503 853 567 566 504 854 568 567 505 8'55 580 670 506 . 8.56 581 671 507 . 857 582 672 508 858 583 673 509 85'9 600 580-585 510 860 601 586 EDUCATION LAW 255 Section Section of act of of act of 1909 1910 602 Eepealed 620 770 621 771 622 454 623 772, 774 624 Repealed 6-25 773 626 775 640 790 641 791 642 792 643 Eepealed 644 793 645 794 660 810 661 811 662 812, 813, 814 663 815 664 816, 817 665 818 66& 819 667 820 668 821 669 822 670 823 671 824 672 825 673 826 674 827 < 675 828 676 829 677 830 678 831 679 832, 833 700 710 701 711 702 712 Section Section of act of of act of 1909 1910 703 713 720 730 721 731 722 732 723 733 740 750 741 751 742 752 743 Repealed 760 690 761..... 691 780 94, siibd. 11 781 94, subd. 11 800 Repealed 801 Repealed 802 Repealed 820 600, 601 821 602 822 60-3 823 604, 605 824 606 840 Repealed 860 900 861 901 862 902 880 940 881 941 882 942 883 943 900 Repealed 901 945 902 946, 947 903 948 904 949 905 9'50 906 951 907 952 256 NEW YORK STATE EDUCATION DEPARTMENT Section Section Section Section of act of of act of of act of of act of 1909 1910 1909 1910 908 953 982 922 90'9 954 lOO'0 650 920 970' 1001 651 921 971 1002 652 922 972 1003 653 923 973 1004 654 924 974 1020 1110 925 975 1021 1111 926 976 1022 1112 927 977 1023 1113 928 978 li024 1114 929 979 1025 1115 930 980 1026 1116 940 990 1027 1117 941 991 1028 1118 942 992 102'9 1119 943. . . .. 993 1030 1120 944 994 1031 1121 945 995 1032. .... 1122 946 996 10'33 1123 947 997 10^34 1124 948 998 1035 1125 949 999 10'36 1126 9'50 1000 1037 1127 951 1001 1038 1128 952 1002 10^39 1129 953 1003 1040 1130 954 1004 1041 1131 955 1005 1042 1132 956 1006 1043 1133 957 1007 1044 1134 958 1008 1045 1135 959 1009 1046 1136 960 1010 1047 1137 961 1011 1048 1138 980 920 1049 1139 981 921 1050 1140 EDUCATION LAW 257 Section Section of act of of act of 1909 1910 1051 1141 1052 1160 1053 1161 1054 1162 1055 1163 1056 1164 1057 1165 1058 1166 1059 1167 1060 1168 10'61 1169 1062 1170 1063 1171 1064 1172 1065 1173 1006 1174 1067 1175 10'68 1176 1069 1177 1070 1178 1071 1179 1080 40 1081 41 1082 42 1083 43 1084 44 1085 45 1086 46 1087 •. 47 1088 48 108-9 49 10'90 52 1091 53 1092 54 1093 55 1094 56 9 Section Section of act of of act of 1909 1910 1095 57 1096 58 1097 59 1098 60 1099 61 1100 6i2 1101 63 1102 64 1103 65 1104 66, 67 1105 68 1106 69 1120 1030 1121 1031 1122 1032 1123 1033 1124 1034 1125 1035 1126 103'6 1127 1037 1128 1038 1129 1039 1140 1050 1141 1051 1142 1052 1160 1070 1161 1071 1162..... 1072 1180 1090 1181 1091 1182 1092 1183 1093 2000 1190 2001 1191 2002 1192 258 NEW YOEK STATE EDUCATION DEPARTMENT OTHER LAWS RELATING TO SCHOOLS I. Constitutional provisions relating to education II. Taxation 1. Exemptions 2. Taxes on state lands 3. Taxation of banks, banking associations and indi- vidual bankers 4. Collection of taxes 5. Apportioning valuation of railroads, telegraph, tele- phone and pipe line companies between school districts 6. Taxation in St. Lawrence county III. Vaccination of school children IV. Public holidays V. Actions by school trustees VI. Penal provisions relating to schools and school officers VII. Employment of children of school age 1. Employment in factories 2. Employment in mercantile es,tablishments 3. Employment in street trades VIII. Financial provisions IX. Fees of supervisor X. School commissioner districts XI. Liquors sold near school-houses XII. Savings banks in schools XIII. Legalizing school bonds ; rate of interest XIV. Agricultural education and country life advancement I. CONSTITUTIONAL PROVISIONS RELAT- ING TO EDUCATION Constitution, art, 9 § 1. Cominon. schools. The legislature shall provide for the maintenance and support of a system of free common schools, wherein all the children of this state may be educated. § 2. Higlier education. The corporation created in the year 1Y84, under the name of the regents of the university of the state of New York, is hereby continued under the name of the OTHER LAWS EELATIXG TO SCHOOLS 259 university of the state of I^ew York. It shall be governed and its corporate powers, which may be increased, modified or diminished by the legislature, shall be exercised, by not less than nine regents. § 3. Educational funds. The capital of the common school fund, the capital of the literature fund, and the capital of the United States deposit fund, shall be respectively preserved invio- late. The revenue of the said common school fund shall be applied to the support of common schools ; the revenue of the said literature fund shall be applied to the support of academies; and the sum of $25,000 of the revenues of the United States deposit fund shall each year be appropriated to and made part of the capital of the said common school fund. § 4. Restrictions of subsidies. Neither the state nor any subdivision thereof, shall use its property or credit or any public money, or authorize or permit either to be used, directly or indirectly, in aid or maintenance, other than for examination or inspection, of any school or institution of learning wholly or in part under the control or direction of any religious denomina- tion, or in which any denominational tenet or doctrine is taught. II. TAXATION Provisions of Tax Law {L. 1909, ch. 62) relative to school taxes 1. Exemptions § 4. Exemption from taxation. The following property shall be exempt from taxation: 1. Property of the United States. 2. Property of this state other than its wild or forest lands in the forest preserve. 3. Property of a municipal corporation of the state held for a public use, including real property held or used for cemetery pur- poses, and all lots and plats therein conveyed by the municipal corporation as places for the burial of the dead, except the portion of municipal property not within the corporation. 5. All property exempt by law from execution, other than an exempt homestead. But real property purchased with the pro- ceeds of a pension granted by the United States for military or naval services, and owned and occupied by the pensioner, or by 260 NEW YOEK STATE EDUCATION DEPARTMENT his wife or widow, is subject to taxation as herein provided. Such property shall be assessed in the same manner as other real property in the tax districts. At the meeting of the assessors to hear the complaints concerning assessments, a verified application for the exemption of such real property from taxation may be pre- sented to them by or on behalf of the owner thereof, which appli- cation must show the facts on which the exemption is claimed, including the amount of pension money used in or toward the purchase of such property. If the assessors are satisfied that the applicant is entitled to the exemption, and that the amount of pension money used in the purchase of such property equals or exceeds the assessed valuation thereof, they shall enter the word ^'exempt'' upon the assessment-roll opposite the description of such property. If the amount of such pension money used in the purchase of the property is less than the assessed valuation, they shall enter upon the assessment-roll the words '' exempt to the extent of . . . dollars " (naming the amount) and thereupon such real, property, to the extent of the exemption entered by the assessors, shall be exempt from state, county and general munic- ipal taxation, but shall be taxable for local school purposes, and for the construction and maintenance .of streets and highways. If no application for exemption be granted, the property shall be subject to taxation for all purposes. The entries above required shall be made and continued in each assessment of the property so long as it is exempt from taxation for any purpose. The provi- sions herein, relating to the assessment and exemption of property purchased with a pension, apply and shall be enforced in each municipal corporation authorized to levy taxes. Exemption from execution of real property purchased with pension. Sec- tion 1393 of the Code of Civil Procedure provides as follows: The pay and bounty of a non-commissioned officer^ musician or private in the military or naval service of the United States or the State of New York; a land warrant, pension or other reward, heretofore or hereafter granted by the United States, or by a state, for military or naval services; a sword, horse, medal, emblem or device of any kind presented as a testimonial for services rendered in the military or naval service of the United States or a state; and the uniform, arms and equipments which were used by a person in that service, are also exempt from levy and sale, by virtue of an execution, and from seizure for nonpayment of taxes, or in any other legal proceeding; except that real property purchased with the proceeds of a pension granted by the United States for military or naval services, and owned by the pensioner, or by his wife or widow, is subject to seizure and sale for the collection of taxes or assessments lawfully levied thereon. [As amended by L. 1897, ch. 318.] OTHER LAWS RELATING TO SCHOOLS 261 7. The real property of a corporation or assooiation organized exclusively for the moral or mental improvement of men or women, or for religious, bible, tract, charitable, benevolent, missionary, hospital, infirmary, educational, scientific, literary, library, pa- triotic, historical or cemetery purposes, or for the enforcement of laws relating to children or animals, or for two or more such purposes, and used exclusively for carrying out thereupon one or more of such purposes, and the personal property of any such cor- poration shall be exempt from taxation. But no such corporation or association shall be entitled to any such exemption if any officer, member or employee thereof shall receive or may be lawfully en- titled to receive any pecuniary profit from the operations thereof, except reasonable coiapensation for services in effecting one or more of such purposes, or as proper beneficiaries of its strictly charitable purposes; or if the organization thereof for any such avowed purposes be a guise or pretense for directly or indirectly making any other pecuniary profit for such corporation or associa- tion, or for any of its members or employees, or if it be not in good faith organized or conducted exclusively for one or more of such purposes. The real property of any such corporation or association entitled to such exemption held by it exclusively for one or more of such purposes and from which no rents, profits or income are derived, shall be so exempt, though not in actual use therefor by reason of the absence of suitable buildings or improve- ments thereon, if the construction of such buildings or improve- ments is in progress, or is in good faith contemplated by such corporation or association ; or if such real property is held by such corporation or association upon condition that the title thereto shall revert in case any building not intended and suitable for one or more of such purposes shall be erected upon said premises or some part thereof. The real property of any such corporation not so used exclusively for carrying out thereupon one or more of such purposes but leased or otherwise used for other purposes, shall not be exempt, but if a portion only of any lot or building of any such corporation or association is used exclusively for carrying out thereupon one or more such purposes of any such corporation or association, then such lot or building shall be so exempt only to the extent of the value of the portion so used, and the remaining or other portion, to the extent of the value of such remaining or other portion, shall be subject to taxation; provided, however, that a lot or building owned and actually used 262 NEW YORK STATE EDUCATION DEPARTMENT fur hospital purposes, by a free public hospital, depending for maintenance and support upon voluntary charity, shall not be taxed as to a portion thereof leased or otherwise used for the pur- poses of income, when such income is necessary for, and is actually applied to the maintenance and support of such hospital, and further provided that the real property of any fraternal corpo- ration, association or body created to build and maintain a build- ing or buildings for its meeting or meetings of the general assembly of its members, or subordinate bodies of such fraternity and for the accommodation of other fraternal bodies or associations, the entire net income of which real property is exclusively applied or to be used to build, furnish and maintain an asylum or asylums, a home or homes, a school or schools, for the free education or relief of the members of such fraternity, or for the relief, support and care of worthy and indigent members of the fraternity, their wives, widows or orphans, shall be exempt from taxation, and pro- vided also that the real estate owned by a free public library, situate in any village of the third or fourth class, shall not be taxed as to that portion thereof leased or otherwise used for pur- jx)ses of income, when such income is necessary for and actually applied to the maintenance and support of such library. Property held by any officer of a religious denomination shall be entitled to the same exemptions, subject to the same conditions and excep- tions, as property held by a religious corporation. 8. Real property of an incorporated association of present or former volunteer firemen actually and uxclusively used and oc- cupied by such corporation and not exceeding m value fifteen thousand dollars. •9. All dwelling-houses and lots of religious corporations while actually used by the officiating clergymen thereof, but the total amount of such exemption to any one religious corporation shall not exceed two thousand dollars. Such exemption shall be in addition to that provided by subdivision seven of this section. 10. The real property of an agricultural society permanently used by it for exhibition grounds. 11. The real property of a minister of the gospel or priest who is regularly engaged in performing his duties as such, or perma- nently disabled by impaired health from the performance of such duties, or over seventy-five years of age and the personal prop- erty of such minister or priest, but the total amount of such ex- emption on account of both real and personal property shall not exceed fifteen hundred dollars. OTHER LAWS RELATING TO SCHOOLS 263 2. Taxes on State Lands Tax Law, art. 2 § 22. Assessment of state lands. All wild or forest land within the forest preserve and also all such lands owned by the state in the towns of Altona and Dannemora, county of Clinton, except the lands in the town of Dannemora upon which build- ings and inclosures are erected and maintained by the state for the use of state institutions, together with said buildings thereon, shall be assessed and taxed at a like valuation and rate as similar lands of individuals within the counties where situated. On or before August first in every year the assessors of tht> town within which the lands so belonging to the state are situated shall file in the office of the comptroller and of the forest, fisli and game com- mission, a copy of the assessment-roll of the town, which, in addi- tion to the other matter now required by law, shall state and specify which and how much, if any, of the lands assessed are for- est lands, and which and how much, if any, are lands belonging to the state; such statements and specifications to be verified by the oaths of a majority of the assessors. The comptroller shall thereupon and before the first day of September following, and after hearing the assessors and the forest, fish and game com- mission, if they or any of them so desire, correct or reduce any assessment of state lands which may be in his judgment an unfair proportion to the remaining assessment of land within the town, and shall in other respects approve the assessment and communi- cate such approval to the assessors. I^o such assessment of state lands shall be valid for any purpose until the amount of assessment is approved by the comptroller, and such approval attached to and deposited with the assessment-roll of the town, and therewith de- livered by the assessors of the tovm to the supervisor thereof or other officer authorized to receive the same from the assessors. No tax for the ereotion of a school-house or opening of a road shall be imposed on the state lands unlessi such erection or opening shall have first been approved in writing by the forest, fish and game commission. Tax Law, art. 4 § 80. Payment of taxes on state lands in forest preserve. The treasurer of the state, upon the certificate of 264 NEW YOEK STATE EDUCATION DEPAETMENT the comptroller as to the correct amount of such tax, shall pay the tax levied upon state lands in the forest preserve, by crediting to the treasurer of the county in v^^hich such lands may be situatedj such taxes, upon the amount payable by such county treasurer to the state for state tax. IsTo fees shall be allowed by the comptrol- ler to the county treasurer for such portion of the state tax as is so paid. Lands in forest preserve. Section 34 of the forest, fish and game law pro- vides as follows: The forest preserve shall include the lands owned or here- after acquired by the state within the county of Clinton, except the towns of Altona and Dannemora, and the counties ipf Delaware, Essex, Franklin, Fulton, Hamilton, Herkimer, Lewis^ Oneida, Saratoga, Saint Lawrence, Warren, Washington, Greene, Ulster and Sullivan, except 1. Lands within the limits of any village or city, and 2. Lands not wild lands acquired by the state on foreclosure of mortgages made to loan commissioners. 3. Taxation of Banks, Banking* Associations • and Individual Bankers Tax LaWj art. 1 § 13. Stockholders of bank taxable on shares. The stockholders of every bank or banking association organized Tinder the authority of this state, or of the United States, shall be assessed and taxed on the value of their shares of stock therein ; said shares shall be included in the valuation of the personal pToperty of such stockholders in the assessment of taxes in the tax district where such bank or banking association is located, and not elsewhere, whether the said stockholders reside in said tax district or not. § 14. Place of taxation of individual bank capital. Every individual banker shall be. taxable upon the amount of capital invested in his banking business in the tax district where the place of such business is loe served upon him without the state by mail or otherwise as the court may direct, and he must be allowed an opportunity of being heard in his defense. It shall be the duty of any district at- torney within a department, when so designated by the appellate division of the supreme court, to prosecute all cases for the re- moval or suspension of attorneys and counsellors. § 477. Attorney convicted of felony shall cease to be attorney. Any person being an attorney and counsellor- at-law who shall be convicted of a felony, shall, upon such con- viction, cease to be an attorney and counsellor-at-law, or to be competent to practice law as such. § 478. Suspension or removal of attorney effective in all courts. The suspension or removal of an attorney or counsiellor, by the supreme court, operates as a suspension or re- moval in every court of the state. § 479. Action against attorney for lending bis name in suits and against person using name. If an attorney knowingly permits a person not being his general law partner, or a clerk in his office, to sue out a mandate, or to prose- cute or defend an^al^tion in his name, he, and the person who so uses his name^ each forfeits to the party against whom the man- date has been sued out, or the action prosecuted or defended, the sum of fifty dollars, to be recovered in an action. PRACTICE OF PROFESSIONS 325 Court of Appeals Orders, May 14, 1900 Alton B. Parker^ Chief Judge 1. It is ordered. That applicants for examination for admis- sion to the bar are to be deemed graduates; of colleges or uni- versities, within the meaning and intent of the rules for the admission of attorneys and eounsellors-at-law, when they have successfully completed a course of college instruction that re- quires a^ a condition of graduation at least six full years in liberal arts and sciences in advance of a completed eight year elementary course. 2. It is further ordered. That the university of the state of 'New York may issue law student certificates upon substantial equivalents and substitutes, to be defined by the rules of tJi© uni- versity, in all cases not providied for by the rules for the admission of attorneys and counsellors-at-law now in force. Rules of the Court of Appeals for the admis- sion of attorneys and counsellors-at-laTr As amended May 17, 1911, to take effect July 1, 1911 I. Admission. No person shall be admitted to practice as an attorney or counsellor in any court of record of the state except upon an order of the appellate division of the supreme court ad- mitting him to the bar and licensing him to practice upon com- pliance with these rules. II. Admission ivitliout examination. The following classes of persons may in the discretion of the appellate division be admitted and licensed without examination : 1. Any person admitted to practice and who has practiced five years as a member of the bar in the highest law court in any other state or territory of the American Union or u^ the District of Columbia. 2. Any person admitted to practice and who has practiced five years in another country whose jurisprudence is based on the principles of the English common law. 3. Any American citizen domiciled in a foreign country whose jurisprudence is based on the principles of the English common law holding a diploma or degree which would entitle him to prac- tice law in the courts of such foreign country if a citizen thereof. 326 NEW YORK STATE EDUCATION DEPARTMENT Any person admitted under this rule must possess the other qualifications required by these rules and must produce a letter of recommendation from one of the judges of the highest law court of such other state or country, or furnish other satisfactory evi- dence of character and qualifications. An attorney and counsellor from another state or foreign jurisdiction may in the discretion of any court of record be ad- mitted pro hac vice to participate in the trial or argument of any cause in which he may be employed. III. Admission on examination. Three classes of persons may be admitted to the bar upon examination: 1. Persons who are not graduates of a college or university ; 2. Persons who are graduates of a college or university ; and 3. Persons who have been admitted as attorneys and have practiced three years in another state or country. In each class the applicant must prove by his own affidavit to the satisfaction of the state board of law examiners that he is a citizen of the United States, twenty-one years of age, stating his age, and an actual and not a constructive resident of the state for not less than six months immediately preceding and that he has not been examined for admission to practice and been refused admis- sion within four months, and that he has studied law in the manner and according to the conditions in these rules prescribed. Applicants in the first class (i. e., persons who are not graduates of a college or university) must have studied law for a period of four years. Such an applicant may pursue his course of law study wholly by serving a clerkship in the office of a practicing attorney ; or partly by serving such clerkship and partly by attending a law school ; but every such applicant must serve such clerkship for a period of at least one year continuously either before examination by the state board of law examiners or after such examination and prior to admission to the bar. Applicants in the second class (i. e., persons who are graduates of a college or university) must have studied law for a period of three years. 'Such an applicant may pursue his course of law study wholly by serving a clerkship in the office of a practicing attorney ; or wholly by attending a law school; or partly by serving such clerkship and partly by attending a law school. Applicants in the third class (i. e., persons who have been ad- mitted as attorneys and have practiced three years in another state or country) must have studied law for a period of one year within PEACTICE OF PROFESSIONS 327 this state and pursue such course of study either by serving a clerk- ship or by attendance upon a law school as the applicant may elect. Candidates for admission to the bar under this rule (i. e., upon examination) may be admitted and licensed upon producing and filing with the court the certificate of the state board of law ex- aminers that the applicant has satisfactorily passed the examina- tion prescribed by these rules and has complied with their pro- visions, and upon producing and filing with the court, in the case of applicants in the first class (i. e., persons who are not graduates of a college or university), evidence that he has served a regular clerkship of one year in this state with an attorney or attorneys in regular practice, either before or after having passed such examination. The applicant must also produce and file evi- dence that he is a person of good moral character? which must be shown by the affidavits of two reputable persons of the town or city in which he resides, one of whom must be a practicing attorney of the supreme court. Such affidavits must state that the applicant is, to the knowledge of the affiant, a person of good moral character, and must set forth in detail the facts upon which such knowledge is based ; but such affidavits shall not be conclusive and the court may make further examination and inquiry. If the applicant be a graduate of a college, or university, he must have pursued the prescribed course of law study after his gradua- tion, and, if he be a person admitted to the bar of another state or country, he must have pursued his prescribed period of law study after having remained as a practicing attorney in such other state or country for the period of three years. IV. Regulations concerning preliminary studies. All candidates for admission to the bar upon examination, except applicants in the third class mentioned in rule III (i. e., persons who have been admitted and have practiced three years in another state or country), must have pursued a preliminary course of study evidenced by graduation from a college or university, or by passing a regents' examination or the equivalent, as hereinafter prescribed : Applicants who are not graduates of a college, or university, subject to the limitations and requirements hereinafter, in this subdivision, expressed, or members of the bar as above described, before entering upon the clerkship or attendance at a law school herein prescribed shall have passed an examination conducted under the authority and in accordance with the ordinances and rules of the University of the State of IsTew York, in English, three years; mathematics, two years; Latin, two years; science, one 328 NEW YORK STATE EDUCATION DEPARTMENT year; history, two years; or in their substantial equivalents as defined by the rules of the university, and shall have filed a cer- tificate of such fact, signed by the commissioner of education, with the clerk of the court of appeals, whose duty it shall be to return- to the person named therein a certified copy of the same, showing the date of such filing. The regents may accept as the equivalent of and substitute for the examination in this rule prescribed, either, first, a certificate, properly authenticated, of having successfully completed a full year's course of study in any college, or university ; second, a certificate, properly authenti- cated, of having satisfactorily completed a four years' course of study in any institution registered by the regents as maintaining a satisfactory academic standard ; or, third, a regents' diploma. All graduates of a college or university existing under the gov- ernment or laws of any foreign country other than those where English is the language of the people, and all applicants who apply for law students' certificates upon equivalents or substitutes, as above provided, all or any part of which are earned or issued in said foreign countries, shall pass the regents' examination in second year English. The regents' certificate above prescribed shall be deemed to take effect as of the date of the completion of the regents' examination, as the same shall appear upon said certifi- cate. V. Regulations concerning study at law schools. The provisions of these rules for study at a law school must be fulfilled by good and regular attendance and successfully com- pleting the prescribed course of instruction at an incorporated law school, or a law school connected with an incorporated college or university, having a law department organized with competent instructors and professors, in which instruction as hereinafter pro- vided is regularly given. Good and regular attendance upon and the successful comple- tion of the prescribed course of instruction at a law school, the school year of which shall consist of not less than thirty-two school weeks, exclusive of vacations, in which not less than ten hours of attendance upon law lectures or recitations of such prescribed course, to be given or conducted by regular members of the fac- ulty, are required in each week, shall be deemed a year's attend- ance under this rule. The same period of time shall not be duplicated for different purposes ; except that a student attending a law school, as herein provided, and who, during the vacations of such school, not ex- •PRACTICE OF PROFESSIONS 329 ceediiig three months in any one year, shall pursue his studies in the office of a practicing attorney, shall be allowed to count the time so occupied during such vacation or vacations as part of the clerkship in a law office specified in these rules. VI. Regulations concerning clerkship. The pro- visions of these rules for studying law by the service of a regu- lar clerkship must be fulfilled by serving such clerkship in the office of a practicing attorney of the supreme court in this state, after 'the candidate has attained the age of eighteen years. It shall be the duty of attorneys, with whom a clerkship shall be commenced, to file a certificate of the same in the office of the clerk of the court of appeals, which certificate shall, in each case, state the date of the beginning of the period of clerkship, and such period shall be deemed to commence at the time of such filing and shall be computed by the calendar year. In computing the period of clerkship a vacation actually taken, not exceeding two months in each year, shall be allowed as a part of such year. VII. Proof to entitle candidate to examination. The state board of law examiners, before admitting an applicant to an examination, shall require proof that the preliminary conditions prescribed by these rules have been fulfilled; which proof shall be made as follows, viz. : First. That the applicant is a college graduate, by the produc- tion of his diploma, or certificate of graduation, under the seal of the college. Second. That he has been admitted to the bar of another state or country, by the production of his license, or certificate, executed by the proper authorities. Third. In all cases where the services of a clerkship is required, that he has served a regular clerkship in the office of a practicing attorney of the supreme court in this state, after the age of eigh- teen years, by producing and filing with the board a certified copy of the attorney's certificate, as filed in the office of the clerk of the court of appeals, and producing and filing an affidavit of the attorney or attorneys with whom such clerkship was served, show- ing the actual service of such a clerkship, the continuance and end thereof, and that not more than two months' vacation was taken in any one year. Both of said affidavits must be to the effect that during the entire period of such clerkship, except during the stated vacation time, the applicant was actually employed by said attor- 330 NEW YORK STATE EDUCATION DEPARTMENT ney as a regular law clerk and student in his law office^ and under his direction and advice, engaged in the practical work of the office during the usual business hours of the day. Fourth. The time of study allowed in a law school must be proved by the certificate of the teacher or president of the faculty, under whose instructions the person has studied, under the seal of the school, if such there be, in addition to the affidavit of the applicant, which must, also, state the age at which the applicant began his attendance at such law school. Said certificate and affidavit must, also, show that the law school prescribes the course of instruction contemplated by these rules, and each shall also contain the statement that said applicant took the prescribed course of instruction required at said school for the degree of bachelor of laws while in attendance thereat, and bona fide took and success- fully passed all examinations in all the subjects required for said degree during such period of attendance, in each case specifying the subjects in which said applicant took and passed his examina- tions as aforesaid, which proof must be satisfactory to the board of examiners. Fifth. That the applicant has passed the regents' examination, or its equivalent, must be proved by the production of a certified copy of the regents' certificate filed in the office of the clerk of the court of appeals, as hereinbefore provided. Sixth. When it satisfactorily appears that any diploma, affi- davit, or certificate, required to be produced has been lost, or destroyed, without the fault of the applicant, or has been unjustly refused or withheld, or by the death or absence of the person or officer who should have made it, cannot be obtained, the board of law examiners may accept such other proof of the requisite facts as they shall deem sufficient. Seventh. A law student whose clerkship, or attendance at a law school, has already begun, as shown by the records of the court 'of appeals, or of any incorporated law school, or law school established in connection with any college or university, may, at his option, file or produce, instead of the proofs required by these rules, those required by the rules of the court of appeals in force June 1, 1908. VIII. Regulations concerning examinations. The examination held by such state board of examiners may be conducted by oral or written questions and answers, or partly oral and partly written, but shall be as nearly uniform in the knowl- PRACTICE OF PROFESSIONS 331 edge and capacity which they shall require, as is reasonably pos- sible. Every applicant shall be given and required to pass a satis- factory examination in the canons of ethics adopted by the Ameri- can Bar Association and by the l^ew York State Bar Association. An applicant who has failed to pass one examination cannot again be examined, until at least four months after such failure. The state board of law examiners shall be paid as compensation, each, the sum of two thousand dollars per year, and, in addition, such further sum as the court may direct, and an annual sum not exceeding two thousand dollars per year shall be allowed for neces- sary disbursements of the board. Every applicant for examination shall pay to the examiners a fee of fifteen dollars, which shall be applied upon the compensation and allowance above provided, and any surplus thereafter remaining shall be held by the treasurer of the state board of law examiners and deposited in some bank, in good standing, in the city of Albany, to his credit and subject to his draft as such treasurer, when approved by the chief judge. IX. Relief from excusable mistakes. When the filing of a certificate, as required by these rules, has been omitted by excusable mistake, or without fault, the court may order such filing as of the proper date. X. Additional rules by the appellate division. The justices of the appellate division in each department may adopt for their several and respective departments such additional special rules for ascertaining the moral and general fitness of ap- plicants as to such justices may seem proper. [These rules shall take ejfect on July 1, 1911.] RULES OF THE NEAV YORK STATE BOARD OF LAW^ EXAMINERS As amended to take effect on July 1, 1911 I. Each applicant for examination must file with the secretary of the board, at least fifteen days before the day appointed for hold- ing the examination at which he intends to apply, the preliminary proofs required by the ^' rules of the court of appeals for the ad- mission of attorneys and counsellors-at-law,'' from which it must appear afiirmatively and specifically that all the preliminary con- ditions prescribed by said rules have been fulfilled, and also proof 332 NEW YORK STATE EDUCATION DEPARTMENT of the residence of the applicant for six months prior to the date of the said examination, giving place, with street and number, if an J, which must be made by his own affidavit. Said affidavit must also state that such residence is actual and not constructive. The board in its discretion may order additional proofs of residence to be filed, and may require an applicant to appear in person before it, or some member thereof, and be examined concerning his quali- fications to be admitted to the examinations. The examination fee of fifteen dollars must be paid to the treasurer at the time the application for examination is filed. To entitle an applicant to a re-examination, he must notify the secretary by mail of his desire therefor, at least fifteen days before the examination at which he intends to appear and file with him, at the same time, his own affidavit stating that he is and has been for the six months prior to such examination an actual and not constructive resident of this state, giving the place of such resi- dence, and street and number, if any. II. Each applicant must be a citizen of the state, of full age; he may be examined in any department, whether a resident thereof or not, but the fact of his having passed the examination will be certified to the appellate division of the judicial department in which he has resided for the six months prior to his examination. He must, however, entitle his papers in the department in which he resides. III. In applying the provisions of rules three and seven of the rules of the court of appeals, '^ for the admission of attorneys and c'ounsellors-at-law," the board will require proof that the college or university of which an applicant claims to be a graduate, main- tains a satisfactory standard in respect to the course of studies completed by him. In case the college or university is registered with the board of regents of the state of "New York as maintaining such standard, the applicant must submit to the board, with his diploma or certificate of graduation, the certificate of the said board of regents to that effect, which will be accepted by this board as prima facie evidence of the fact. Such certificate need not be filed in cases where the board of regents, by a general certificate, has certified to this board that the said college or university main- tains a satisfactory college standard leading to the degree with which the applicant graduated. In all other cases the applicant PRACTICE OF PROFESSIONS 333 must submit with his diploma or certificate of graduation satis- factory proof of the course of study completed by him and of the character of the college or university of which he claims to be a graduate. IV. The papers filed by each applicant must be attached together, and there must be indorsed upon them the name of the applicant. The papers must be entitled, " In the matter of the application of for admission to the bar.'' Each applicant must state the beginning and the end of each term spent in a law school, his age when he began his attendance upon the law school, as well as the beginning and the end of each vacation that he has had. V. An applicant who has been admitted to the bar as an attorney in another state or country, and who has remained therein as a practicing attorney for the period of three years, may prove the latter fact by his own affidavit, and must present also a certificate from a judge of the court in which he was admitted, or from a county judge in said state, certifying that the applicant had re- mained in said state or country as a practicing attorney for said period of three years, after he had been admitted as an attorney therein. The signature of the judge must be certified to by the clerk of the court or by the county clerk under the seal of the court. VI. The board will divide the subjects of examination into two groups, as follows: Group one, pleading and practice and evi- dence ; group two, substantive law, viz. : real property, contracts, partnership, negotiable paper, principal and agent, principal and surety, insurance, bailments, sales, criminal law, torts, wills and administration, equity, corporations, domestic relations, legal ethics and the Constitutions of l^ew York state and of the United States. Each applicant will be required to obtain the requisite standard in both groups and on his entire paper to entitle him to a certificate from the board. If he obtains the required standard in either group and not on his entire paper he will receive a pass card for the group which he passes and will not be required to be re-examined therein. He will be re-examined in the group in which he failed or on the entire paper if he failed in both groups at any subsequent examination for which he is eligible and for which he gives notice as required by these rules. 334 NEW YORK STATE EDUCATION DEPARTMENT II. PRACTICE OF MEDICINE Public Health Law (L. 1909, ch. 49), art. 8 Section IGO: Definitions. 161. Qualifications. 162. The state board of medical examiners. 163. Certificate of appointment; oath; powers. 164. Expenses. 165. Officers ; meetings ; quorum ; committees. 16'6. Admission to examination. 167. Questions. 168. Examinations and reports. 169. Licenses. 170. Eegistry; revocation of license; annulment of reg- istry. 171. Registry in another county. 172. Certificate presumptive evidence; unauthorized registration and license prohibited. 173. Construction of this article. 174. Penalties and their collection. § 160. Definitions. As used in this article: 1. " The education department '' means the education depart- ment of the state of E'ew York as provided for by the education law. 2. " University " means university of the state of E'ew York. 3. '' Regents " means board of regents of the university of the state of 'New York. 4. " Board " means the board of medical examiners of the state of E'ew York. 5. ^' Medical examiner " means a member of the board of medical examiners of the state of !N'ew York. 6. " Medical school " means any medical school, college or department of a university, registered by the regents as main- taining a proper medical standard and as legally incorporated. 7. The practice of medicine is defined as follows: A person practices medicine within the meaning of this article, except as hereinafter stated, who holds himself out as being able to diagnose, treat, operate or prescribe for any human disease, pain, injury, deformity or physical condition, and who shall either offer or PEACTICE OF PROFESSIONS 335 undertake, by any means or method^ to diagnose, treat, operate or prescribe for any human disease, pain, injury, deformity or physical condition. 8. " Physician '' means a practitioner of medicine. § 161. Qualifications. 'No person shall practice medicine, unless registered and legally authorized prior to September first, eighteen hundred and ninety-one, or unless licensed by the regents and registered under article eight of chapter six hundred and sixty-one of the laws of eighteen hundred and ninety-three and acts amendatory thereto, or unless licensed by the regents and registered as required by this article; nor shall any person practice under this article who has ever been convicted of a felony by any court, or whose authority to practice is suspended or revoked by the regents on recommendation of the state board. The conviction of a felony shall include the conviction of any offense which if committed within the state of New York would constitute a felony under the laws thereof. § 162. The state board of medical examiners. The state board of medical examiners is continued. The members of said board now in office shall continue in offiee until the expira- tion of their respective terms. Said board shall consist of nine members who shall be appointed by the regents and who shall hold office for three years from August first of the year in which appointed. The regents shall annually (appoint three members to fill the vacancies caused by expiration of term of office, and may at any time fill vacancies on the board caused by death, resig- nation, or removal from office. No person shall be appointed a member of the board of medical examiners who is not eligible to receive a license to practice from the regents in ^accordance with the provisions of this article or of chapter six hundred and sixty-one of the laws of eighteen hundred and ninety-three and acts amendatory thereof and who has not been in practice in this state for at least five years prior to date of appointment. The regents may remove any member of the board of examiners for misconduct, incapacity or neglect of duty. The regents shall ap- point a secretary to the board of examiners, who shall not be a member of the board, and who shall hold office during the pleasure of the regents and who shall receive an annual compensation of four thousand dollars, payable from the fees received under this article. The secretary shall be a duly licensed physician. 336 NEW YORK STATE EDUCATION DEPARTMENT § 163. Certificate of appointment; oath.; powers. Every medical examiner shall receive a certificate of appointment from the regents ^nd before beginning his term of office shall file witb the secretary of state the constitutional oath of office. The board, or any committee thereof, may employ counsel, shall have the power to compel the attendance of witnesses, and may take testimony and proofs concerning all matters within its juris- diction. The board may, subject to the regents' approval, make all by-laws and rules not inconsistent with law needed in per- forming: its duties; but no by-law or rule by which more than a majority vote is required for any specified action by the board shall be amended, suspended or repealed by a smaller vote than that required for action thereunder. § 164. Expenses. The fees derived from the operation of this article shall be paid into the state treasury, and the legis- lature shall annually appropriate therefrom for the education de- partment an amount sufficient to pay all proper expenses incurred pursuant to this article. § 165. Officers; meetings; quorum; committees. The board shall annually elect from its members a president and a vice- president for the academic year, and shall hold one or more meet- ings each year pursuant to call of the regents. At any meeting a majority shall 'constitute a quorum; but questions prepared by the board may be grouped and edited, or answer papers of candidates may be examined and marked by committees duly authorized by the board and approved by the regents. § 166. Admission to examination. The regents shall admit to examination any candidate who p'ays a fee of twenty-five dollars and submits evidence, verified by oath, and satisfactory to the regents, that he 1. Is more than twenty-one years of age. * 2. Is of good moral character. 3. Had prior to beginning the second year of medical study the general education required preliminary to receiving the degree of bachelor or doctor of medicine in this state. 4. Has studied medicine not less than four school years, includ- ing four siatisf actory courses of at least seven months each in four different calendar years in a medical school registered as main- taining at the time a standard satisfactory to the regents. ISTew York medical schools and l^ew York medical students shall not be discriminated against by the registration of any medical school out of the state whose minimum graduation standard is less than PRACTICE OF PROFESSIONS 337 that fixed by statute for 'New York medical schools. The regents may, in their discretion, accept as the equivalent for any part of the third and fourth requirement, evidence of five or more years' reputable practice, provided that such substitution be specified in the license, and, as the equivalent of the first year of the fourth requirement, evidence of graduation from a registered college course, provided that such college course shall have included not less than the minimum requirements prescribed by the regents for such admission to advanced standing. The regents may also in their discretion admit conditionally to the examination in anatomy, physiology, hygiene, sanitation, and chemistry, appli- cants nineteen years of age certified as having studied medicine not less than two years, including two satisfactory courses of at least seven months each, in two different calendar years, in a medical school registered as maintaining at the time a satisfactory standard, provided that such applicants meet the second and third requirements. 5. Has either received the degree of bachelor or doctor of medi- cine from some registered medical school, or a diploma or license conferring full right to practice medicine in some foreign country unless admitted conditionally to the examinations as specified above, in which case all qualifications, including the full period of study, the medical degree and the final examinations in surgery, obstetrics, gynecology, pathology, including bacteriology, and diagnosis, must be met. The degree of bachelor or doctor of medi- cine shall not be conferred in this state before the candidate has filed with the institution conferring it the certificate of the regents that before beginning the first annual medical course counted toward the degree, unless matriculated conditionally as herein- after specified, he had either graduated from a registered college or satisfactorily completed a full course in a registered academy or high school ; or had a preliminary education considered and ac- cepted by the regents as fully equivalent; or held a regents' medi- cal student certificate; or passed regents' examinations securing sixty academic counts, or their full equivalent, before beginning the first annual medical course counted toward the degree, unless admitted conditionally as hereinafter specified. A medical school may matriculate conditionally a student deficient in not more than one year's academic work or fifteen counts of the preliminary ed,ucation requirement, provided the name and deficiency of each student so matriculated be filed at the regents' office within three months after matriculation, and that the deficiency be made 338 NEW YORK STATE EDUCATION DEPARTMENT up before the student begins the second annual medical course counted toward the degree. 6. Where the application be for a license to practice osteopathy, the applicant shall produce evidence that he has studied osteopathy not less than three years inckiding three satisfactory courses of not less than nine months each in three different calendar years in a college of osteopathy maintaining at the time a standard sat- isfactory to the regents. After nineteen hundred and ten the applicant for a license to practice under this article shall produce evidence that he has studied not less than four years including four satisfactory courses of not less than seven months each in four different calendar years in a college maintaining at the time a standard satisfactory to the regents. § 167. Questions. The board shall submit to the regents, as required, lists of suitable questions for thorough examination in anatomy, physiology, hygiene, sanitation, chemistry, surgery, obstetrics, gynecology, piathology, including bacteriology, and diagnosis. From these lists the regents shall prepare question papers for all these subjects, which at any examination shall be the same for all candidates, except that the examination may be divided as provided in section one hundred and sixty-six. § 168. Examinations and reports. Examinations for licenses shall be given in at least four convenient places in this state and at least four times annually, in accordance with the regents' rules, and shall be exclusively in writing and in English. Each examination shall be conducted by a regents' examiner who shall not he one of the medical examiners. At the close of each examination the regents' examiner in charge shall deliver the questions and answer papers to the board or its duly authorized committee, who, without unnecessary delay, shall examine and mark the answers and transmit to the regents an official report, signed by its president and secretary, stating the standing of each candidate in each branch, his general average and whether the board recommends that a license be granted. • Such report shall include the questions and answers and shall be filed in the public records of the university. If a candidate fails on first examination, he may, after not less than six months' further study, have a second examination without fee. If the failure is from illness or other cause satisfactory to the regents they may waive the required six months' study. PRACTICE OF PROFESSIONS 339 § 169. liicenses. On receiving from the state board an official report that an applicant has successfnlly passed the exami- nations and is recommended for license, the regents shall issue to him a license to practice according to the qualifications of the applicant. Every license shall be issued by the university under seal and shall be signed by each acting medical examiner and by the officer of the university v^ho approved the credential which admitted the candidate to examination, and shall state that the licensee has given satisfactory evidence of fitness as to age, char- acter, preliminary and medical education and all other matters required by law, and that after full examination he has been found properly qualified to practice. Applicants examined and licensed by other state examining boards registered by the regents as main- taining standards not lower than those provided by this article and applicants who matriculated in a New York state medical school before June fifth, eighteen hundred and ninety, and who received the degree of doctor of medicine from a registered medi- cal school before August first, eighteen hundred and ninety-five, may without further examination, on payment of twenty-five dollars to the regents and on submitting such evidence as they may require, receive from them an indorsement of their licenses or diplomas conferring all rights and privileges of a regents' license issued after examination. The commissioner of education may in his discretion on the approval of the board of regents indorse a license or diploma of a physician from another state, provided the applicant has met all the preliminary and professional quali- fications required for earning a license on examination in this state, has been in reputable practice for a period of ten years, and has reached a position of conceded eminence and authority in his profession. If any person, whose registration is not legal because of some error, misunderstanding or unintentional omission, shall submit satisfactory proof that he had all requirements pre- scribed by law at the time of his imperfect registration and Avas entitled to be legally registered, he may on unanimous recom- mendation of the state board of medical examiners receive from the regents under seal a certificate of the facts which may be registered by any county clerk and shall make valid the previous imperfect registration. Before any license is issued it shall be numbered and recorded in a 'book kept in the regents' office, and its number shall be noted in the license ; and a photograph of the licensee filed with the records. This record shall be open to 340 NEW YORK STATE EDUCATION DEPARTMENT public inspection^ and in all legal proceedings shall have the same weight as evidence that is given to a record of conveyance of land. § 170. Registry; revocation of license; annulment of registry. Every license to practice medicine shall, before the licensee begins practice thereunder, be registered in a book kept in the clerk's office of the county where such practice is to be carried on, with name, residence, place and date of birth, and source, number and date of his license to practice. Before registering, each licensee shall file, to be kept in a bound volume in a county clerk's office, an affidavit of the above facts, and also that he is the person named in such license, and had, before receiving the same, complied with all requirements as to attend- ance, terms and amount of study and examinations required by law and the rules of the university as preliminary to the confer- ment thereof ; that no money was paid for such license, except the regular fees paid by all applicants therefor; that no fraud, mis- representation or mistake in any material regard was employed by any one or occurred in order that such license should be conferred. Every license, or if lost a copy thereof legally certified so as to be admissible as evidence, or a duly attested transcript of the record of its conferment, shall, before registering, be exhibited to the county clerk, who, only in case it was issued or indorsed as a license under seal by the regents, shall indorse or stamp on it the date and his name preceded by the words, " registered as authority to practice medicine in the clerk's office of county." The clerk shall thereupon give to every physician so registered a transcript of the entries in the register with a certificate, under seal that he has filed the prescribed affidavit. The licensee shall pay to the county clerk a total fee of one dollar for registration, affidavit and certificate. The regents shall have power at any and all times to inquire into the identity of any person claiming to be a licensed or registered physician and after due service of notice in writing, require him to make reasonable proof, satisfactory to them, that he is the person licensed to practice medicine under the license by virtue of which he claims the privilege of this article. When the regents find that a person claiming to be a physician, licensed under this article, is not in fact the person to whom the license was issued, they shall reduce their findings to writing and file them in the office of the clerk of the county in which said person resides or practices medicine. Said certificate shall be prima facie evidence that the person mentioned therein is falsely PRACTICE OF PROFESSIONS 341 impersonating a practitioner or a former practitioner of a like or different name. The regents may revoke the license of a prac- titioner of medicine, or annul his registration, or do both, in any of the following cases : (a) A practitioner of medicine who is guilty of any fraud or deceit in his practice, or who is guilty of a crime or misdemeanor, or who is guilty of any fraud or deceit by which he was admitted to practice; or (b) Is an habitual drunkard or habitually addicted to the use of morphine, opium, cocaine, or other drugs having a similar effect; or (c) Who undertakes or engages in any manner or by any ways or means whatsoever, to procure or perform any criminal abortion as the same is defined by section eighty of the penal law ; or (d) Who offers or undertakes by any manner or means to violate any of the provisions of section eleven hundred and forty- two of the penal law. Proceedings for revocation of a license or the annulment of registration shall be begun by filing a written charge or charges against the accused. These charges may be preferred by any person or corporation, or the regents may on their own motion direct the executive officer of the board of regents to prefer said charges. Said charges shall be filed with the executive officer of the board of regents, and a copy thereof filed with the secretary of the board of medical examiners. The board of medical exam- iners, when charges are preferred, shall designate three of their number as a committee to hear and determine said charges. A time and place for the hearing of said charges shall be fixed by said committee as soon as ,convenient, and a copy of the charges, together with a notice of the time and place when they will be heard and determined, shall be served upon the accused or his counsel, at least ten days 'before the date actually fixed for said hearing. Where personal service or service upon counsel can not be effected, and such fact is certified on oath by any person duly authorized to make legal service, the regents shall cause to be published for at least seven times, for at least twenty days prior to the hearing, in two daily papers in the county in which the physician was last known to practice, a notice to the effect that at R definite time and place a hearing will be had for the purpose of hearing charges against the physician upon an application to 342 NEW YORK STATE EDUCATION DEPARTMENT revoke his license. At said hearing the accused shall have the right to cross-examine the witnesses against him and to produce witnesses in his defense, and to appear personallj or by counsel. The said committee shall make a written report of its findings and recommendations, to be signed by all its members, and the same shall be forthwith transmitted to the executive officer of the board of regents. If the said committee shall unanimously find that said charges, or any of them, are sustained, and shall unanimously recommend that the license of the accused be revoked or his regis- tration be annulled, the regents may thereupon in their discretion, rfevoke said license or annul said registration, or do both. If the regents shall annul such registration, they shall forthwith transmit to the clerk of the county or counties in which said accused is registered as a physician, a certificate under their seal certifying that such registration has been annulled, and said clerk shall, upon receipt of said certificate, file the same and forthwith mark said registration ^^ annulled." Any person who shall practice medicine after his registration has been marked " annulled " shall be deemed to have practiced medicine without registration. Where the license of any person has been revoked, or his regis- tration has been annulled as herein provided, the regents may, after the expiration of one year, entertain an applicaion for a new license, in like manner as original applications for licenses are entertained ; and upon such new application they may in their discretion, exempt the applicant from the necessity of undergoing any examination. § 171. Registry in anotlier county. A practicing phy- sician having registered a lawful authority to practice medicine in one county, and removing such practice or part thereof to another county, or regularly engaging in practice or opening an office in another county shall show or send by registered mail to the clerk of such other county, his certificate of registration. If such certificate clearly shows that the original registration was of an authority issued under seal by the regents, or if the certificate itself is indorsed by the regents as entitled to registration, the clerk shall thereupon register the applicant in the latter county, on receipt of a fee of twenty-five cents, and shall stamp or indorse on such certificate the date and his name preceded by the words, ^^ registered also in county," and return the certificate to the applicant. PRACTICE OF PROFESSIONS 343 § 172. Certificate presumptive evidence; unau- thorized registration and license prohibited. Every unrevoked certificate and indorsement of registry^ made as pro- vided in this article, shall be presumptive evidence in all courts and places, that the person named therein is legally registered. Hereafter no person shall register any authority to practice medi- cine unless it has been issued or indorsed as a license by the regents. 'No such registration shall be valid unless the authority registered constituted, at the time of registration, a license under the laws of the state then in force, ^o diploma or license con- ferred on a person not actually in attendance at the lectures, instruction and examinations of the school conferring the same, or not possessed at the time of its conferment of the requirements then demanded of medical students in this state as a condition of their being licensed so to practice, and no registration not in accordance v^ith this article shall be lawful authority to practice medicine, nor shall the degree of doctor of medicine be conferred causa honoris or ad eundem nor if previously conferred shall it be a qualification for such practice. § 173. Construction of this article. This article shall not be construed to affect commissioned medical officers serving in the United States army, navy or marine hospital service, while so commissioned ; or any one while actually serving without salary or professional fees on the resident medical staff of any legally incorporated hospital ; or any legally registered dentist exclusively engaged in practicing dentistry; or any person or manufacturer who mechanically fits or sells lenses, artificial eyes, limbs or other apparatus or appliances, or is engaged in the mechanical examina- tion of eyes, for the purpose of constructing or adjusting spectacles, eye glasses and lenses ; or any lawfully qualified physician in other states or countries meeting legally registered physicians in this state in consultation ; or any physician residing on a border of a neighboring state and duly licensed under the laws thereof to practice medicine therein, whose practice extends into this state, and who does not open an office or appoint a place to meet patients or receive calls within this state ; or any physician duly registered in one county called to attend isolated cases in another county, but not residing or habitually practicing therein; or the furnish- ing of medical assistance in case of emergency ; or the domestic administration of family remedies ; or the practice of chiropody ; or the practice of the religious tenets of any church. This article 344 NEW YORK STATE EDUCATION DEPARTMENT shall be construed to repeal all acts or parts of acts authorizing conferment of any degree in medicine causa honoris or ad eundem or otherwise than on students duly graduated after satisfactory completion of a preliminary medical course not less than that required by this article as a condition of license. It is further provided that any person who shall be actively engaged in the practice of osteopathy in the state of !New York on the thirteenth day of May, nineteen hundred and seven, and who shall present to the board of regents satisfactory evidence that he is a graduate in good standing of a regularly conducted school or college of osteopathy within the United States which at the time of his or her graduation required a course of study of two years or longer, including the subjects of anatomy, physiology, pathology, hygiene, chemistry, obstetrics, diagnosis and the theory and practice of osteopathy, with actual attendance of not less than twenty months, which facts shall be shown by his or her diploma and affidavit, shall upon application and payment of ten dollars be granted, without examination, a license to practice osteopathy, provided application for such license be made within six months after the thirteenth day of May, nineteen hundred and seven. A license to practice osteopathy shall not permit the holder thereof to admin- ister drugs or perform surgery with the use of instruments. Licenses to practice osteopathy shall be registered in accordance with the provisions of this article, and the word osteopath be included in such registration; and such license shall entitle the holder thereof to the use of the degree D. O., or doctor of osteopathy. § 174. Penalties and their collection. Any person who, not being then lawfully authorized to practice medicine within this state and so registered according to law, shall prac- tice medicine within this state without lawful registration or In violation of any provision of this article; and any person wh'> shall buy, sell or fraudulently obtain any medical diploma, license, record or registration, or who shall aid or abet such buying, selling or fraudulently obtaining, or who shall practice medicine under cover of any medical diploma, license, record or registration il- legally obtained, or signed, or issued unlawfully or under fraudu- lent representations or mistake of fact in a material regard, or who, after conviction of a felony, shall attempt to practice medi- cine, or shall so practice, and any person who shall in connection with his name use any designation tending to imply or designate PRACTICE OF PROFESSIONS 345 him or her as a practitioner of medicine within the meaning of this article without having registered in accordance therewith, or any person who shall practice medicine or advertise to practice medicine under a name other than his own, or any person not a registered physician who shall advertise to practice medicine, shall be guilty of a misdemeanor. Any person who shall practice medicine under a false or assumed name, or who shall falsely personate another practitioner or former practitioner of a like or different name, shall be guilty of a felony. When any prose- cution under this article, or under sections eleven hundred and forty- two, eighty, eighty-one, eighty- two, seventeen hundred and forty-seven of the penal law, and any amendments thereto, is made on the complaint of any incorporated medical society of the state, or any county medical society entitled to representation in a state society, any fines collected shall be paid to the society making the complaint, and any excess of the amount of fines so paid over the expense incurred by the said society in enforcing the medical laws of this state, shall be paid at the end of the year to the county treasurer. III. DENTAL SOCIETIES AND THE PRAC- TICE OF DENTISTRY Puhlic Health Law {L. 1909, ch. 49) art 9 Section 190. Definitions. 191. State dental society. 192. District dental societies. 193. Powers of district dental societies. 194. Licentiates. 195. State board of dental examiners. 196. Examinations. 197. Degrees. 198. Licenses. 199. Registration. 200. Examination fees. 201. Revocation of licenses. 202. Construction of this article. 203. Penalties. § 190. Definitions. As used in this article, the terms " university," ^^ regents " and " physicians " have respectively the 346 NEW YORK STATE EDUCATION DEPARTMENT meanings defined in article eight of this chapter. " Board/' where not otherwise limited, means the board of dental examiners of the state of New York. ^^ Registered medical or dental school " means a medical or dental school, college or department of a university, registered by the regents as maintaining a proper educational standard and legally incorporated. '^ Examiner," where not otherwise qualified, means a member of the board. ^' State dental society," means the dental society of the state of ISTew York. § 191. State dental society. The dental society of the state of ISTew York is continued, and shall be composed of eight delegates from each district society divided into four classes of two delegates, each to be elected annually, and of two delegates from each incorporated dental school of the state to be elected annually. The state dental society shall annually meet on the second Wednesday of May, or at such other time and at such place as may be determined on in the by-laws of the society or by resolution, at the preceding annual meeting. Twenty members shall be a quorum. The society shall elect annually a president, vice-president, secretary and treasurer, who shall hold their offices for one year, and until others shall be chosen in their places, and may elect not more than sixteen permanent members at any annual meeting from among eminent dentists of the state, who shall have all the privileges of delegate members. The society may elect honorary members from any state or country not eligible to regular membership, who shall not be entitled to vote or hold any office in the society. § 192. District dental societies. The existing district dental societies are continued. In any judicial district in which a district dental society is not now incorporated, fifteen or more dentists of such district authorized to practice dentistry in this state may become a district dental society of such district, by publishing a call for a meeting of the dentists of the district to be held at a time and place mentioned therein within the district, in at least one newspaper in each county of the district, at least once a week for at least four weeks immediately preceding the time when such meeting is to be held, and by meeting at the time and place specified in such notice with such dentists authorized to practice dentistry in the district as may respond to such call, and by making and filing with the secretary of the state dental society a certificate, to be executed and acknowledged by the dentists so PRACTICE OF PROFESSIONS 347 meeting, or by at least fifteen of them, which shall set forth that such meeting has been held pursuant to such notice, the corporate name of the society, which shall be the district dental society of the judicial district •t^^here located, the names and places of residence of the officers of the society for the first year, or until the first annual meeting, which officers shall be a president, vice- president, secretary and treasurer, the time and place of the annual meeting of the society, the general objects and purposes of the association and the names of eight delegates to the state society divided into four classes of two delegates each, to hold office until the first, second, third and fourth annual meeting thereafter, respectively. And thereon the persons executing such certificate and all other dentists in good standing and authorized to practice dentistry in such district, who shall subscribe to its by-laws, shall be a corporation by the name expressed in such certificate. § 193. Powers of district dental societies. Every licensed and registered dentist in the judicial district in which such society is formed, shall be eligible to membership in the district society of the district where he resides or practices dentistry. Every district society shall at every annual meeting choose two delegates to the state dental society, each to serve four years, and may fill all vacancies occurring in their respective delegations in the state society. Every district dental society shall at its annual meeting appoint not less than three nor more than five censors to continue in office for one year and until others are chosen, who shall constitute a district board of censors. The dental societies of the respective districts of the state shall have power to make all needful by-laws not inconsistent with the laws of this state for the management of their affairs and property and the admission and expulsion of members ; providing, that no by-law of any district society shall be repugnant to or inconsistent with the by-laws of the state society. Said societies may purchase and hold real and personal estate for the purposes of their incor- poration; provided that the property of a district society shall not exceed in value five thousand dollars, and the property of the state society shall not exceed in value twenty-five thousand dollars. § 194. Licentiates. Only the following persons shall be deemed licensed to practice dentistry: 1. Those duly licensed and registered as dentists in this state prior to the first day of August, eighteen hundred and ninety-five, pursuant to the laws in force at the time of their license and registration. 348 NEW YORK STATE EDUCATIOlSr DEPARTMENT 2. Those duly licensed and registered after the first day of August, eighteen hundred and ninety-five, pursuant to the pro- visions of this chapter. § 195. State board of dental exsminers. The exist- ing state board of dental examiners shall be divided into four classes and their terms of office shall continue except that said terms shall expire on the thirty-first day of July in each year. After July thirty-first, nineteen -hundred and ten, the state board of dental examiners shall be increased by the addition of a mem- ber residing in the ninth judicial district, who shall be appointed in the manner provided by this section, for a term of four years, commencing on the first day of August, nineteen hundred and ten, and who shall be a member of the class whose terms com- mence on such date. Before the day when the official terms of the members of any of said classes shall expire, the regents shall appoint their successors, to serve for the term of four years from said day. Such appointment shall be made from nominations in number twice. the number of the outgoing class made by such society to the regents prior to the second Tuesday in June of each year. In default of such nominations, the regents shall appoint such examiners from the legally qualified dentists in the state belonging to the state dental society. The regents, in the same manner, shall also fill vacancies in the board that may occur. All nominations and appointments shall be so made that every vacancy in the board shall be filled by a resident of the same judicial district in which the last incumbent of the office resided. The board shall elect at its annual meeting from its members a president and a secretary and shall hold one or more meetings each year pursuant to call of the regents. 'No person shall be appointed an examiner unless he shall have received a dental degree from a body lawfully entitled to confer the same, and in good standing at the time of its conferment, and shall have been engaged within the state during not less than five years prior to his appointment in the actual and lawful practice of dentistry. 'Nor shall any person connected with a dental school as professor, trustee or instructor be eligible to such appointment. Cause being shown before them the regents may remove an examiner from office on proven charges of inefficiency, incompetency, im- morality or unprofessional conduct. [Amended hy L. 1910, ch. 13Y.] PEACTICE OF PEOFESSIONS 349 § 196. Examinations. The regents shall admit to exam- ination any candidate who shall pay the fee herein prescribed and submit satisfactory evidence, verified by oath if required, that he : 1. Is more than tv^enty-one years of age; 2. Is of good moral character; 3. Has a preliminary education equivalent to graduation from a four-year high school course registered by the regents, or an education accepted by the regents as fully equivalent. 4. Subsequently to receiving such preliminary education either has been graduated in course with a dental degree from a regis- tered dental school, or else, having been graduated in course from a registered medical school with a degree of doctor of medicine, has pursued thereafter a course of special study of dentistry for at least two years in a registered dental school and received there- from its degree of doctor of dental surgery, or else holds a diploma or license conferring full right to practice dentistry in some foreign country and granted by some registered authority, or else has lawfully practiced dentistry for more than twenty-five years without this state and within the United States. Provided that any person who then being a bona fide student of dentistry in this state under private preceptorship was entitled to file on or l^efore the thirty-first day of July, eighteen hundred and ninety- five, with the secretary of, thes state dental society a certificate of study under private preceptorship and who did at any time prior to the first day of January, nineteen hundred and four, upon sworn proof of such fact file such a certificate with the regents, may be admitted to examination before the board. Any member of the board may inquire of any applicant for examination con- cerning his qualifications and may take testimony of any one in regard thereto, under oath, which he is hereby empowered to administer. [Amejided hy L. 1911, ch. 786.] § 197. Degrees. N'o degree in dentistry shall be conferred in this state except the degree of doctor of dental surgery. Said degree shall not be conferred upon any one unless he shall have satisfactorily completed a course of at least three years in a registered dental school, or having been graduated in course from a registered medical school with the degree of doctor of medicine shall have pursued satisfactorily thereafter a course of special study of dentistry for at least two years in a registered dental school; nor shall said degree be conferred upon any one, unless prior to matriculation in the institution conferring his profes- 350 NEW YORK STATE EDUCATION DEPARTMENT sional degree, or before beginning the second course of lectures counted toward such degree he shall have filed with said institu- tion a regents' certificate that he has received the required pre- liminary education evidenced as aforesaid ; provided further, how- ever, that the regents may confer upon all persons who shall have received the degree of master of dental surgery under the laws of this state, prior to March twenty-eighth, nineteen hundred and one, the degree of doctor of dental surgery in lieu of said mas- ter's degree. § 198. Liicenses. On certification by the board of dental examiners that a candidate has successfully passed its examina- tions and is competent to practice dentistry, the regents shall issue to him their license so to practice pursuant to the rules established by them. On the recommendation of the board, the regents may also, without the examination hereinbefore provided for, issue their license to any applicant therefor who shall furnish proof satisfactory to them that he has been duly graduated from a registered dental school and has been thereafter lawfully and reputably engaged in such practice for six years next preceding his application ; or who holds a license to practice dentistry in any other state of the United States granted by a state board of dental examiners, indorsed by the dental society of the state of I^ew York, provided, that in either case his preliminary and profes- sional education shall have been not less than that required in this state. Every license so issued shall state on its faco the grounds on which it is granted and the applicant may be required to fur- nish his proofs on affidavit. § 199. Registration. Every person practicing dentistry in this state and not lawfully registered before April seventeenth, eighteen hundred and ninety-six, shall register in the office of the clerk of the county where his place of business is located, in a book kept by the clerk for such purpose, his name, age, office and post-office address, date and number of his license to practice dentistry and the date of such registration, which registration he shall be entitled to make only upon showing to the county clerk his license or a duly authenticated copy thereof, and making an affidavit stating name, age, birthplace, the number of his license and the date of its issue; that he is the identicial person named in the license; that before receiving the same he complied with all the preliminary requirements of this article and the rules of the regents and board as to the terms and the amount of study and examination; that no money, other than the fees prescribed PEACTICE OF PROFESSIONS 351 •by this article and said rules, was paid directly or indirectly for such license, and that no fraud, misrepresentation or mistake in a material regard was employed or occurred in order that such license should be conferred. The county clerk shall preserve such affidavit in a bound volume and shall issue to every licentiate duly registering and making such affidavit, a certificate of regis- tration in his county, which shall include a transcript of the regisitration. 'Such transcript and the license may be offered as presumptive evidence in all courts of the facts stated therein. The county clerk's fee for taking such registration and affidavit and issuing such certificate, shall be one dollar. A practicing dentist having registered a lawful authority to practice dentistry in one county of the state and removing such practice or part thereof to another county, or regularly engaging in practice or opening an office in another county, shall show or send by regis- tered mail to the clerk of such other county his certificate of registration. If sueh certificate clearly shows that the original registration was of .an authority issued under seal by the regents, or if the certificate itself is indorsed by the regents as entitled to registration, the clerk shall thereupon register the applicant in the latter county, on receipt of a fee of twenty-five c«nts, and shall stamp or indorse on such certificate, the date and his name, preceded by the words, " registered also in '. county," and return the certificate to the applicant. Any person who having lawfully registered as aforesaid shall thereafter change his name in any lawful manner shall register the new name with marginal note of the former name; and shall note upon the margin of the former registration the fact of such change and a cross reference to the new registration. A county clerk who knowingly shall make or suffer to be made upon the book of registry of dentists kept in his office any other entry than is provided for in this section shall be liable to a penalty of fifty dollars to be recovered by the state dental society in a suit in any court having jurisdiction. § 200. Examination fees. Every applicant for license to practice dentistry shall pay a fee of not more than twenty-five dollars. From the fees provided by this article the regents may pay all proper expenses incurred by them under its provisions, and any surplus at the end of any academic year shall be paid to the society nominating the examiners to defray its expenses incurred under the law. 352 NEW YORK STATE EDUCATION DEPARTMENT § 201. Revocation of licenses. If any practitioner of dentistry be charged under oath 'before the board, with unpro- fessional or immoral conduct, or with gross ignorance, or ineffi- ciency in his profession, the board shall notify him to appear before it at an appointed time and place, with counsel, if he so desires, to answer said charges, furnishing to him a copy thereof. Upon the report of the board that the accused has been guilty of unprofessional or immoral conduct, or that he is grossly ignorant or inefficient in his profession, the regents may suspend the person so charged from the practice of dentistry for a limited season, or may revoke his license. Upon the revocation of any license, the fact shall be noted upon the records of the regents and the license shall be marked as canceled, of the date of its revocation. Upon presentation of a certificate of such cancellation to the clerk of any county wherein the licentiate may be registered, said clerk shall note the date of the cancellation on the register of dentists and cancel the registration. A conviction of felony shall forfeit a license to practice dentistry, and upon presentation to the regents or a county clerk by any public officer or officer of a dental society of a certified copy of a court record showing that a practitioner of dentistry has been convicted of felony, that fact shall be noted on the record of license and clerk's register, and the license and registration shall be marked " canceled." Any person who, after conviction of a felony shall practice dentistry in this state, shall be subject to all the penalties prescribed for the unlicensed prac- tice of dentistry, providing that if such conviction be subsequently reversed upon appeal and the accused acquitted or discharged, his license shall become again operative from the date of such ac- quittal or discharge. § 202. Construction of this article. This article shall not be construed to prohibit an unlicensed person from perform- ing merely mechanical work upon inert matter in a dental office or laboratory, or the student of a licentiate from assisting the latter in his performance of dental operations while in the pres- ence and under the personal supervision of his instructor; or a student in an incorporated dental school or college from perform- ing operations for purposes of clinical study under the supervision and instruction of preceptors; or a duly licensed physician from treating diseases of the mouth or performing operations in oral surgery. But nothing in this article shall be construed to permit the performance of independent dental operations by an unli- censed person under cover of the name of a registered practitioner PRACTICE OF PROFESSIONS 353 or in his office. I^or shall anything in this article be construed to require of students matriculated in registered dental or medical schools before the first day of January, nineteen hundred and ^vej any other or higher qualification for the dental license or degree than was demanded by existing laws as interpreted by the regulations of the regents at the date of their matriculation. § 203. Penalties. A. A person who, in any county of this state, practices or holds himself out to the public as practicing dentistry, not being at the times of said practice or holding out, a dentist licensed to practice as such in this state and registered in the office of the clerk of such county, pursuant to the general laws regulating the practice of dentistry, is guilty of a mis- demeanor and punishable upon conviction of a first offense by a fine of not less than fifty dollars, and upon conviction of a subse- quent offense by a fine of not less than one hundred dollars, or by imprisonment for not less than two months or by both such fine and imprisonment. Any violation of this secttion by a person theretofore convicted under the then existing laws of this state of practicing dentistry without license or registration, shall be in- cluded in the term " sl subsequent offense." Every conviction of unlawful practice or holding out subsequent to a first conviction thereof shall be a conviction of a second offense. Every practi- tioner of dentistry must display in a conspicuous place upon the house or in the office wherein he practices his full name. If there are more dental chairs than one in any office or dental parlor the name of the practitioner must be displayed on or by said chair in plain sight of the patient. Any person who shall practice dentistry without displaying his name as herein prescribed ; and any pro- prietor, owner or manager of a dental office, establishment or parlor who shall fail so to display or cause to be displayed the name of each person employed as a practicing dentist or practic- ing as a dentist in said office, establishment or parlor, shall be guilty of a misdemeanor and punishable upon a first conviction by a fine of fifty dollars, and upon every subsequent conviction by a fine of not less than one hundred dollars, or by imprisonment for not less than sixty days, or by both fine and imprisonment. B. A person shall be deemed guilty of a misdemeanor, and upon every conviction thereof shall be punished by a fine of not less than two hundred and fifty dollars, or by imprisonment for not less than six months, or by both fine and imprisonment, who 1. Shall sell or barter or offer to sell or barter any diploma or 12 354 NEW YORK STATE EDUCATION DEPARTMENT document conferring or purporting to confer any dental degree or any certificate or transcript made or purporting to be made pur- suant to tJie laws regulating the license and registration of den- tists; or 2. Shall purchase or procure by barter any such diploma, cer- tificate or transcript with intent that the same shall be used as evidence of the qualifications to practice dentistry of any person other than the one upon whom it was lawfully conferred or in fraud of the laws regulating such practice ; or, 3. Shall, with fraudulent intent, alter in a material regard any such diploma, certificate or transcript ; or, 4. Shall use or attempt to use any such diploma, certificate or transcript which has been purchased, fraudulently issued, counter- feited or materially altered either as a license or color of license to practice dentistry or in order to procure registration as a dentist ; or, 5. Shall practice dentistry under a false or assumed name ; or, 6. Shall assume the degree of bachelor of dental surgery, doctor of dental surgery, or master of dental surgery, or shall append the letters B. D. S., D. D. 'S., M. D. S., to his name, not having had duly conferred upon him by diploma from some college, school or board of examiners legally empowered to confer the same, the right to assume said titles ; or shall assume any title or append or prefix any letters to his name with the intent to represent falsely that he has received a medical or dental degree or license; or, 7. Shall falsely personate another at any examination, held by ithe regents or by the board, of the preliminary or professional education of candidates for dental students' certificates, dental degrees or licenses, or who shall induce another to make or aid and abet in the making of such false personation or who shall know- ingly avail himself of the benefit of such false personation, or who shall knowingly or negligently make falsely any certificate required by the regents or board in connection with their examina- tions. C. Any person who in any affidavit or examination required of an applicant for examination, license or registration under the laws regulating the practice of dentistr)^, or under the laws, ordi- nances or regulations governing the regents' examination of the preliminary education required for a dental student's certificate shall make wilfully a false statement in a material regard shall be guilty of perjury and punishable upon conviction thereof by im- prisonment not exceeding ten years. PRACTICE OF PROFESSIONS 355 D. All courts of special sessions and police justices sitting as courts of special sessions shall bave jurisdiction in the first in- stance to hear and determine all charges of misdemeanors men- tioned in this article committed within their local jurisdiction, and to impose all the penalties provided for misdemeanors in this article; provided, however, that the power of said courts and jus- tices tO' hear and determine such charges shall be divested, if be- fore the commencement of a trial before such court or justice, a grand jury shall present an indictment against the accused per- son for the same offense, or if a justice of the supreme court or a county judge of the county shall grant a certificate in the man- ner provided by law in cases of misdemeanor, that it is reason- able that such charge be prosecuted by indictment. E. All fines, penalties and forfeitures of bail imposed or col- lected on account of violations of the laws regulating the practice of dentistry must be paid to the state dental society. Said society may prefer complaints for violations of the law regulating the practice of dentistry before any court, tribunal or magistrate hav- ing jurisdiction thereof and may by its officers, counsel and agents aid in presenting the law and the facts before such court, tribunal or magistrate in any proceeding instituted by it. IV. VETERINARY MEDICINE AND SUR- GERY Public Health Law (L. 1909, ch. 49), art. 10 Section 210. Definitions. 211. Qualifications for practice. 212. State board of veterinary medical examiners. 213. Certificate of appointment; oath; powers. 214. Expenses. 215. Officers; meetings; quorum; committees. 216. Admission to examination. 217. Questions. 218. Examinations and reports. 219. Licenses. 220. Registry. 221. Registration in another county. 222. Certificate presumptive evidence; unauthorized registration and license prohibited. 223. Construction of this article. 224. Penalties and their collection. 356 NEW YORK STATE EDUCATIOI^ DEPARTMENT § 210. Definitions. As used in this article : 1. ^' University " means university of the state of E^ew York. 2. '' Regent® " means boiard of regents of the university of the state of New York. 3. ^' Board '' means a board of veterinary medical examiners of the state of 'New York. 4. ^' Veterinary medical examiner " means a member of a board of veterinary medical examiners of the state of Xew York. 5. " Veterinary school " means any veterinary school, college or department of a university, registered by the regents as maintain- ing a proper veterinary medical standard and as legally incor- porated. 6. " Veterinary medicine '' means veterinary medicine and sur- gery, or any branch thereof. 7. " Veterinarian " means veterinary physician and surgeon. § 211. Qualifications for practice. No person shall practice veterinary medicine after July first, eighteen hundred and ninety-five, unless previously registered and legally author- ized, unless licensed by the regents and registered as required by this article ; nor shall any person practice veterinary medicine who has ever been convicted of a felony by any court, or whose authority to practice is suspended or revoked by the regents on recommendation of" the state board. Any person, a citizen of the United States and of the state of New York, who matriculated in a reputable veterinary medical school prior to January first, eigh- teen hundred and ninety-five, and who received his degree there- from prior to January first, eighteen hundred and ninety-seven, or any person who was engaged in the practice of veterinary medicine prior to the year eighteen hundred and eighty-six, shall be ad- mitted to the veterinary examination for license to practice, as conducted by the regents of the university of the state of New York. § 212. State board of veterinary medical exam- iners. There shall be a board of veterinary medical examiners of five members, each of whom shall hold office for five years from August first of the year in which appointed. The New York state veterinary medical society shall at each annual meeting nomi- nate twice the number of examiners to be appointed that year on the board. The names of such nominees shall be annually trans- mitted under seal by the president and secretary prior to May first, to the regents who shall, prior to August first, appoint from PRACTICE OF PROFESSIONS 357 such lists the examiners required to fill any vacancies that will occur from expiration of term on July thirty-first. Any other vacancy, however occurring, shall likewise be filled by the regents for the unexpired term. Each nominee before appointment, shall furnish to the regents proof that he has received a degree in veterinary medicine from a registered veterinary medical school and that he has legally practiced veterinary medicine in this state for at least five years. If no nominees are legally before them from the society, the regents may appoint from members in good standing in the veterinary profession without restriction. The re- gents may remove any examiner for misconduct, incapacity or neglect of duty. § 213. Certificate of appointment; oath; po^v^ers. Every veterinary medical examiner shall receive a certificate of appointment from the regents, and before beginning his term of office shall file witb the secretary of state the constitutional oath of office. The board, or any committee thereof, may take testi- mony and proofs concerning all matters within its jurisdiction. The board may, subject to the regents' approval, make all by-laws and rules not inconsistent with law needed in performing its duties, but no by-laws or rules by which more than a majority vote is required for any specified action by the board shall be amended, suspended or repealed by a smaller vote than that re- quired for the action thereunder. § 214. Expenses. From the fees provided by this article the regents may pay all proper expenses incurred by its provisions, except compensation to veterinary medical examiners, and any surplus at the end of the academic year shall be apportioned among the members of the board pro rata according to the num- ber of candidates whose answer papers have been marked by each. § 215. Ofiicers; meetings; quorum; committees. The board shall annually elect from its members a. president and secre^ tary for the academic year, land shall hold one or more meetings each year pursuant to the call of the regents. • At any meeting a majority shall constitute a quorum ; but questions prepared by the board may be grouped and edited, or answer papers of candidates may be examined and marked by committees duly authorized by the board and by the regents. § 216. Admission to examination. The regents shall admit to examination any candidate who pays a fee of ten dollars and submits satisfactory evidence, verified by oath if required, that he (first) is more than twenty-one years of age; (second) 358 NEW YORK STATE EDUCATION DEPARTMENT is of good, moral cliaracter; (third) has the general education required in all cases after July first, eighteen hundred and ninety-seven, preliminary to receiving a degree in veterinary medi- cine; (fourth) has studied veterinary medicine not less than three full years, including three satisfactory courses, in three different academic years, in the veterinary medical school registered as maintaining at the time a satisfactory standard; (fifth) has re- ceived a degree as veterinarian from some registered veterinary medical school. The degree in veterinary medicine shall not be conferred in this state before the candidate has filed vrith the institution conferring it, the certificate of the regents that three years before the date of the degree, or before or during his first year of veterinary medical study in this state, he has either gradu- ated from a registered college or satisfactorily completed an academic course in a registered academy or high school ; or has a preliminary education considered and accepted by the regents as fully equivalent; or has passed regents' examinations equivalent to the minimum requirement in such preliminary education for candidates for medical or dental degrees in this state. The regents may, in their discretion, accept as the equivalent for any part of the third and fourth requirement, evidence of five or more years' reputable practice in veterinary medicine, provided that such substitution be specified in the license. § 217. Questions. Each member of the board shall submit to the regents, as required, lists of suitable questions for thorough examination in comparative anatomy, physiology and hygiene, in chemistry, • and in veterinary surgery, obstetrics, pathology and diagnosis and thera,peutics, including practice and materia medica. From these lists the regents shall prepare question papers for all these subjects, which at any examination shall be the same for all candidates. § 218. Examinations and reports. Examination for license shall be given in at least four convenient places in this state and at least four times annually, in accordance with the re- gents' rules, and shall be exclusively in writing and in English. Each examination shall be conducted by a! regents' examiner, who shall not be one of the veterinary medical examiners. At the close of each examination, the regents' examiner in charge shall deliver the questions and answer papers to the board, or to its duly authorized committee, atid such board, without unneces- sary delay, shall examine and mark the answers and transmit to the regents an official report, signed by its president and secre- PRACTICE OF PEOFESSIONS 359 lary, stating the standing of each candidate in each branch, his general average and whether the board recommends that a license be granted. Such report shall include the questions and answers and shall be filed in the public records of the university. If a candidate fails on his first examination, he may, after not less than six months' further study, have a second examination with- out fee. If the failure is from illness or other cause satisfactory to the regents, they may waive the required six months' study. § 219. liicenses. On receiving from the state board an official report that an applicant has successfully passed the exam- ination and is recommended for license, the regents shall issue to him, if in their judgment he is duly qualified therefor, a license to practice veterinary medicine. Every license shall be issued by the university under seal and shall be signed by each acting veterinary medical examiner of the board and by the officer of the university who approved the credential which admitted the candidate to examination, and shall state that licensee has given satisfactory evidence of fitness as to age, character, pre- liminary and veterinary medical education and all other matters required by law, aiid that after full examination he has been found duly qualified to practice. Applicants examined and licensed before July first, eighteen hundred and ninety-seven, by other state examining boards registered by the regents as main- taining standards not lower than those provided by this article, and applicants who matriculated in a 'New York state veterinary medical school before July first, eighteen hundred and ninety- six, and who received the veterinary degree from a registered veterinary medical school before July first, eighteen hundred and ninety-seven, may without further examination, on payment of ten dollars to the regents, and on submitting such evidence as they may require, receive from them an indorsement of their license or diplomas conferring all rights and privileges of a regents' license issued after examination. If any person, whose registration is not legal or who is not registered because of some error, misunderstanding or unintentional omission, shall submit satisfactoi f proof that he had all requirements prescribed by law at the time required for registration and was entitled to be legally registered, he may, on unanimous recommendation of the state board of veterinary medical examiners, receive from the regents under seal a certificate of the facts which may be regis- tered by any county clerk and shall make valid the previous imper- 360 NEW YORK STATE EDUCATION DEPARTMENT feet registration. Before any license is issued it shall be num- bered and recorded in a book kept in the regents' office and its number shall be noted in the license. This record shall be open to public inspection, and in all legal proceedings shall have the same weight as evidence that is given to a record of conveyance of land. § 220. Registry. Every license to practice veterinary medi- cine shall, before the licensee begins practice thereunder, be registered in a book to be known as the " veterinary medical register,'- which shall be provided by and kept in the clerk's office of the county where such practice is to be carried on, with name, residence, place and date of birth, and source, number and date of its license to practice. Before registering, each licensee shall file, to be kept in a bound volume in the county clerk's office, an affidavit of the above facts, and also that he is the person named in such license, and had, before receiving the same, com- plied with all requisites as to attendance, terms and amount of study and examination required by law and the rules of the university as preliminary to the conferment thereof, and no money was paid for such license, except the regular fees, paid by all applicants therefor; that no fraud, misrepresentation or mis- take in any material regard was employed by anyone or incurred in order that such license should be conferred. Every license, or if lost, a copy thereof, legally certified so as to be admissible as evidence, or a duly attested transcript of the record of its con- ferment, shall, before registering, be exhibited to the county clerk, tvho, only in case it was issued or indorsed as a license under seal by the regents, shall indorse or stamp on it the date and his name preceded by the words, " registered as authority to practice vet- erinary medicine, in the clerk's office of county." The clerk shall thereupon give to every veterinarian so registered a transcript of the entries in the register, with a certificate under seal that he has filed the prescribed affidavit. The licensee shall pay to the county clerk a total fee of one dollar for registration, affidavit and certificate. § 221. Registration in another county. A practicing veterinarian having registered a lawful authority to practice veterinary medicine in one county, and removing such practice or part thereof to another county, or regularly engaging in prac- tice or opening an office in another county, shall show or send by registered mail to the clerk of such other county, his certificate PRACTICE OF PROFESSIOI^S 361 of registration. If such certificate clearly shows that the original registration was of an a^ithority issued under seal by the regents, or if the certificate itself : is indorsed by the regents as entitled to registration, the clerk shall thereupon register the applicant in the latter county, on receipt of a fee of twenty-five cents, and shall stamp or indorse on such certificate ,the date and his name, preceded by the words, '' registered also in county " and return the certificate to the applicant. § 222. Certificate presuniptive evidence; unauthor- ized registration and license prohibited. Every un- revoked certificate and indorsement of registry, made as provided in ithis article, shall be presumptive evidence in all courts and places that the person named therein is legally registered. Here- after no person shall register any authority to practice veterinary medicine unless it has been issued or indorsed as a license by the regents. ^No diploma or license conferred on a person not actually in attendance at the lectures, instructions and examina- tions of the school conferring the same, or not possessed at the time of its conferment of the requirements then demanded of veterinary medical students in this atate as a condition of their being licensed so to practice, and no registration not in accordance with this article shall be lawful authority to practice veterinary medicine, nor shall the degree of doctor of veterinary medicine be conferred causa honoris or ad eundem, nor if previously con- ferred shall it be a qualification for such practice. § 223. Construction of this article. This article shall not be construed to affect commissioned veterinary medical officers serving in the United States army, or in the United States bureau of animal industry while so commissioned; or any person for giving gratuitous services in case of emergency; or any lawfully qualified veterinarian in other states or countries meeting legally registered veterinarians in this state in consulta- tion; or any veterinarian residing on a border of a neighboring state and duly authorized under ithe laws thereof to practice veterinary medicine therein, whose practice extends into this state, and who does not open an office or appoint a place to meet patients or receive calls wiithin this state; or any veterinarian duly registered in one county called to attend isolated cases in another county, but not residing or habitually practicing therein. This article shall be construed to repeal all acts or parts of acts authorizing conferment of any degree in veterinary medicine, 362 NEW YORK STATE EDUCATION DEPARTMENT causa honoris or ad eundem, or otherwise, than on students duly graduated after satisfactory completion of a preliminary and veterinary medical course, not less than that required by this article, as a condition of license. § 224. Penalties and their collection. Every person who shall practice veterinary medicine within this state without lawful registration or in violation of any provision of this article shall forfeit to the county wherein such person shall so practice, or in which any violation shall be committed, fifty dollars for every such violation, and for every day of such unlawful practice, and any incorporated veterinary medical society of the state or any county veterinary medical society of such county entitled to representation in a state society, may bring an action in the name of such county for the colleotion of such penalties, and the ex- pense incurred by such society in such prosecution, including necessary counsel fees, may be retained by such society out of the penalties so collected, and the residue, if any, shall be paid into the county treasury. Any person who shall practice veteri- nary medicine under a false or assumed name or who shall falsely personate another practitioner of a like or different name, shall be guilty of a felony ; and any person guilty of violating any of the other provisions of this article, not otherwise specifically punished herein, or who shall buy, sell or fraudulently obtain any veterinary medical diploma, license, record or registration, or who shall aid or abet such buying,' selling or fraudulently obtain- ing, or who shall praotice veterinary medicine under the cover of a diploma, or license illegally obtained, or signed or issued un- lawfully or under fraudulent representation, or mistake of fact in material regard, or who, after conviction of a felony, shall attempt to practice veterinary medicine, and any person who shall, without having been authorized so to do legally, append any veterinary title to his or her name, or shall assume or adver- tise any veterinary title in such a manner as to convey the im- pression that he is a lawful practitioner of veterinary medicine or any of its branches, shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than two hundred and fifty dollars or imprisonment for six months for the first offense, and on conviction of a subsequent offense by a fine of not less than five hundred dollars or imprisonment for not less than one year, or by both fine and imprisonment. PRACTICE OF PROFESSIONS 36S V. PHARMACY Public Health Law (L. 1909, ch. 49), art. 11, as amended by L. 1910, ch. 422 Section 230. Definitions. 231. State board of pharmacy; appointments; nomina- tions; examiners; secretary; expenses. 232. Powers and duties of the board ; records ; employees. 233. Licenses; certificates; examinations; rules. 234. Pharmacies; drug stores; stores. 235. Apprentices and employees. 236. Working hours and sleeping apartments. 237. Adulterating; misbranding and substituting. 238. Poison schedules; register; opium and other pre- scriptions. 239. Construction of article; temporary permits. 240. Revocation of license; misdemeanors; violations and penalties. 241. Schedules A, B and C. § 230. Definitions. As used in this article: 1. "Asso- ciation '' means the New York state pharmaceutical association. 2. " Board '' when not otherwise limited, means the 'New York state board of pharmacy. 3. " Chemicals " when not otherwise limited, means the chem- ical materials of medioine. 4. " Council " means the New York state pharmaceutical coun- cil with a secretary and at least one representative from each school of the state appointed by the regents for a period of five years. 5. " Commissioner " means the commissioner of education of the state of New York ; " Department," the education department of the state of New York ; " University," the university of the state of New York ; " Regents," the board of regents of the uni- versity of the state of New York as provided by the education law. 6. " Drugs," where Hot otherwise limited, means all substances used as medicines or in the preparation of medicines. " Crude Drugs " means drugs that have not been changed by manufac- ture except by desiccation or comminution. 7. " Examiner " means a member of the state board of phar- macy. SG4 KEW YORK STATE EDUCATION DEPARTMENT 8. " Formulary '' means the latest edition of tlie national for- mulary. 9. ^' Medicines/' where not otherwise limited, means a drug or preparation of drugs in suitable form for use as a curative or remedial substance. 10. ^^ Pharmacy/' where not otherwise limited, means the place registered by the board in which drugs, chemicals, medicines, prescriptions or poisons are compounded, dispensed or retailed. . 11. '^Pharmacology" is the science that treats of drugs and medicines; their nature, preparation, administration and effect. 12. " Pharmacopoeia," when not otherwise limited, means the latest edition of the pharmacopoeia of the United States of America. 13. '^ Physician " means a practitioner of medicine as defined by article eight of this chapter; " Dentist" means a practitioner of dentistry as defined by article nine, and ^' Veterinarian," means a practitioner of veterinary medicine as defined by article ten. 14. " Poisons," where not otherwise limited, means any drug, chemical, medicine or preparation liable to be destructive to adult human life in quantities of sixty grains or less. 15. ^' Rules," where not otherwise limited, means the rules of the board approved by the regents. • 16. " School " means any college or school of pharmacy, or the department of pharmacy of a university, whatever the cor- porate title, registered by the regents as maintaining a proper educational standard and legally incorporated. 17. " Secretary " means the secretary of the state board of pharmacy. 18. " Syllabus " means the latest edition of the syllabus adopted by the board. § 231. State board of pharinacy; appointments; nominations; examiners; secretary; expenses. The state board of pharmacy in office when this section takes effect shall remain in office until August first, nineteen hundred and ten. On and after that date such board shall consist of nine examiners, four of whom shall be residents of the city of 'New York. At the annual meeting of the association held in nineteen hundred and ten there shall be twenty-five licensed pharmacists nominated by ballot whose names shall be submitted to the regents, imme- diately thereafter. Appointments. From the number thus submitted or from the other licensed pharmacists of the state the regents may appoint PRACTICE OF PROFESSIONS S^S nine persons, who shall constitute the board of - pharmaey, whose term of office shall begin on August first, nineteen hnndred and ten, three of whom shall hold office for a term of one year, three for a term of two years and three for a term of three years. The successors of the members, whose terms of office have expired, shall be appointed, as hereinafter provided, for a term of three years. A vacancy in the office of any member, caused otherwise than by expiration of term, shall be filled by the regents for the unexpired term of such member. ]^ominations. Thereafter, at each annual meeting of the asso- ciation, nine licensed pharmacists shall be nominated by ballot, whose names shall be submitted to the regents in writing under the seal of the association by the president and secretary thereof, promptly after the adjournment of such meeting. From the num- ber thus submitted or from the other licensed pharmacists of the state the regents may appoint three persons to succeed the mem- bers whose terms of office expire on the following July thirty-first. Examiners. 'No person shall be appointed as an examiner unless he is a licensed pharmacist, and has legally practiced as such for at least ten years in this state. Each of the candidates shall present proof of such qualifications to the regents. The regents may remove any examiner for misconduct, incapacity or neglect of duty. Each examiner shall receive a certificate of appointment from the regents, and before beginning his t^rm df office shall take and file with the secretary of state the constitu- tional oath of office. The board or any committee thereof may employ counsel, may compel the attendance of witnesses, and may take testimony and proofs concerning all matters within its juris- diction. The board shall make such rules approved by the regents not inconsistent with the law, as may be necessary for the proper performance of its duty, but no rule by which more than a majority vote is required for any specific action by the board shall be amended, suspended, or repealed by a smaller vote than that required for action thereunder. 'Secretary. The secretary shall be a licensed pharmacist who has legally practiced as a pharmacist for at least ten years in this state. He shall be appointed by the regents, shall hold office dur- ing their pleasure and shall receive an annual salary of three thousand dollars, payable from the moneys received under this article. He shall be the executive officer of the board and sliall have such powers and shall perform such duties as are prescribed 366 NEW YORK STATE EDUCATION DEPARTMENT by the rules. The secretary in office when this article takes effect shall continue in office until his successor has been appointed as above provided. Expenses. All fees, fines, penalties and other moneys derived from the operation of this article shall be paid into the state treasury and the legislature shall annually appropriate for the department lan amount sufficient to pay all proper expenses in- curred pursuant to this article. All funds in the custody of the state board of pharmacy when this act takes effect shall be imimediately turned over to the department and shall be available for the payment of all proper expenses of the board, until an appropriation is made by the legislature as above provided. When such lappropriation is so made the unexpended balance of the funds so turned over to the department shall be paid into the state treasury, to be expended as in the case of other moneys derived from the operation of this article. § 232. "Povsrers and duties of the board; records; employees. Prior to October first the board shall annually elect from its members a president and a vice-president for the academic year, and shall hold one or more meetings each year. At any meeting a .majority shall constitute a quorum ; but ques- tions prepared by the board may be grouped and edited, or answer papers of candidates may be examined and marked by committees duly authorized by the Ward and approved by the regents. The hoard shall have power: (a) To regulate the practice of pharmacology. (b) To regulate the sale of drugs, chemicals, medicines and poisons. (c) To regulate the employment of apprentices and employees in pharmacies. (d) To regulate the working hours and sleeping apartments of employees in pharmacies. (e) To regulate and control the character and standard of drugs and medicines compounded and dispensed in the state, to employ inspectors and chemists, to secure samples and to prevent the sale of such drugs, chemicals, medicines and poisons as do not conform to the formulae, standards and tests of the pharma- copoeia and formulary. (f ) To regulate the retailing of poisons and to adopt schedules. (g) To issue temporary permits limited to definite areas. (h) To investigate alleged violations of the provisions of this PRACTICE OF PROFESSIONS 367 article, to conduct hearings in respect thereto when, in its dis- cretion, it appears to be necessary, and to bring the same to the notice of the attorney-general. Kecords. It shall be the duty of the board in its rooms pro- vided by the regents to preserve a record of all licenses and cer- tificates which shall be open to public inspection and shall have in all legal proceedings the same weight as evidence that is given to a record of conveyance of lands. It shall render annually to the regents and the association a report of all its proceedings dur- ing the preceding year. Books, records, papers and properties of the state board of pharmacy and of each branch thereof abolished by this act shall on or before August tenth, nineteen hundred and ten, be trans- ferred to the state board of pharmacy, organized under and in pursuance of the provisions of this act and shall be preserved by the board. Employees. The clerks, stenographers, inspectors and em- ployees of the state board of pharmacy in office when this act takes eifect shall be transferred to the department. The rules of the board, made as hereinbefore provided, shall specify the num- ber of clerks, stenographers, inspectors and employees, necessary to carry out the provisions of this article. The clerks, stenog- raphers, inspectors and employees transferred to the department as above provided, or hereafter employed, shall be subject to the same rules as to appointment and service as the other employees of the department. § 233. liicenses; certificates; examinations; rules. Satisfactory evidence verified by oath shall be required by the regents of all candidates for admission to the examinations. Pharmacist. They shall admit to the examination for phar- macist any candidate that pays a fee of ten dollars and 1. Is more than twenty-one years of age. 2. Is of good moral character. 3. Had prior to beginning the first year of study in the school ^fifteen counts or the equivalent. 4. Has studied pharmacology as outlined in the syllabus not less than two years in a school. 5. Has either received the diploma of graduate in pharmacy or equivalent degree from a school, or a license conferring the full right to practice pharmacology in some foreign country registered ■AS meeting the minimum requirements of this article. The 368 NEW YORK STATE EDUCATION DEPARTMENT diploma of graduate in pharmacy or equivalent degree shall not be conferred on any one that did not file with the school at matriculation the pharmacy student certificate required above. 6. Has had four years' experience in a registered pharmacy, one year of which experience within five years of the date of application must have been in a pharmacy of the United States under the personal supervision of a pharmacist. Druggist. They shall admit to the examination for druggist any candidate that pays a fee of five dollars and 1. Is more than eighteen years of age. 2. Is of good moral character. 3. Has the preliminary and professional education required by the rules. 4. Has had three years' experience in a registered pharmacy, one year of which experience within five years of the date of application must have been in a pharmacy of the United States under the personal supervision of a pharmacist or druggist. Apprentice. They shall admit to the examination for appren- tice any candidate that pays a fee of one dollar and 1. Is more than fifteen years of age. 2.- Is of a good moral character. 3. Has begun an apprenticeship for the term of practical ex- perience required by this article. Storekeeper. They shall admit to the examination for store- keeper any candidate that pays a fee of three dollars annually and 1. Is more than twenty-one years of age. 2. Is of good moral character. 3. Has had experience in dealing in drugs, chemicals, medi- cines and poisons. Examinations. The board shall submit to the regents as re- quired suitable questions for thorough examination in pharma- cology, both written and practical, as outlined in the syllabus. From these questions the secretary shall prepare question papers in accordance with the rules which at any examination shall be the same for all candidates. Examinations -for license shall be given in at least three convenient places- in the state and at least four times annually in accordance with the rules. The practical examinations shall be conducted by the examiners, the written by the regents. On receiving from the board an ofiicial report that an applicant has successfully passed the examinations and is rec- ommended fpr license, the regents shall issue to him a license to practice according to the qualifications of the applicant. Every PRACTICE OF PROFESSIONS 3G9 license shall be issued by the regents under seal and shall be sigTied by the commissioner, each examiner and by the secretary. Every certificate shall be issued by the board subject to rule and shall be signed by the secretary. Applicants examined and li- censed by other state examining boards registered by the regents as maintaining standards not lower than those provided by this article may without further examination, on payment of twenty- five dollars to the regents and on submitting such evidence as they may require receive from them an endorsement of their licenses or diplomas conferring all rights and privileges of a regents' license after examination. Before any license or certificate is issued it shall be numbered and properly recorded, and its number shall be noted in the li- cense or certificate. The regents on the recommendation of the board may revoke a license or annul a certificate, for cause. Rules. The rules of the board and of the regents affecting examination, registration and administration continue in force until revised by the boa:rd and approved by the regents. The board shall make rules subject to the approvalof the re- gents: 1. For the examination, certification and registration of ap- prentices and storekeepers. 2. For the surrendering of licenses, issued prior to January first, nineteen hundred and one. 3. For the acceptance of licenses from other licensing boards issued prior to January, nineteen hundred and five, in lieu of a diploma. 4. For the accomplishment of the trusts reposed in them by this article and by any other law of the state. All licenses and certificates of examination, issued tp licensees by former boards of pharmacy, shall be in full force and effect in perpetuity for the section of the state for which they were issued, and all certificates of registration issued during nineteen hundred and ten shall be valid until January first, nineteen hundred and eleven. § 234. Pharmacies; drug stores; stores. Except as prescribed in this article, it shall not be lawful for any person to practice as a pharmacist, druggist, apprentice or storekeeper, or to engage in, conduct, carry on, or be employed in the dis- pensing, compounding or retailing of drugs, chemicals, medicines, prescriptions or poisons within this state. Every plaee in which 370 NEW YORK STATE EDUCATIOI^ DEPAETMENT drugs, chemicals, medicines, prescriptions or poisons are retailed, or dispensed, or compounded, shall be a pharmacy, a drug store, or a store; shall be under the personal supervision of a pharmacist, a druggist, or a storekeeper and shall be annually registered in the month of January by the board as conducted in full compli- ance with law and the rules. Pharmacies. It shall be lawful for a pharmacist in conform- ity with the rules, to take, use and exhibit the titles pharmacist and registered pharmacy and to have charge of, engage in, con- duct or carry on for himself or for another the dispensing, com- pounding, or sale of drugs, chemicals, medicines, prescriptions or poisons anywhere within the state, but he shall have personal supervision of not more than one pharmacy or drug store at the same time. Drug stores. It shall be lawful for a druggist in conformity with the rules to take, use, and exhibit the titles druggist and registered drug store, and to have charge of, engage in, conduct or carry on for himself or for another the dispensing, compound- ing or retailing of drugs, chemicals, medicines, prescriptions or poisons anywhere within the state, in a place of not more than one -thousand inhabitants, but he shall have charge of not more than one drug store at the same time. He may be employed for the purpose of dispensing or retailing drugs, chemicals, medi- cines, prescriptions and poisons in a registered pharmacy under the management and personal supervision of a licensed phar- macist; he may also perform such duties during the temporary absence of the pharmacist, except in cities of more than one million inhabitants. Temporary permits. In places and villages of a thousand in- habitants or less that do not have within three miles a pharmacy or drug store; 1. Physicians may compound medicines, fill prescriptions and sell poisons labeled as required by this article. 2. Storekeepers may in accord with the rules sell medicines and poisons for a period not exceeding one year upon the payment of a fee of three dollars. The storekeeper's certificate is limited to the village or place where the storekeeper resides and may be limited to the sale of certain classes of poisons sold only in orig- inal packages and put up by a licensed pharmacist whose name and business address is displayed on the package. PRACTICE OF PROFESSIONS 371 Stores. It shall be lawful for the storekeeper in conformity with the rules to take, use and exhibit the titles certified store- keeper and registered store and to sell medicines and poisons for a period not exceeding one year in a village or place of the stat& with less than one thousand inhabitants that has no pharmacy or drug store within three miles of it. Every person practicing as a pharmacist or druggist must at all times display his license conspicuously in his place of busi- ness. The proprietor of every pharmacy, drug store or store shall annually in the month of January report under oath to the board any facts required by the board, shall pay the registration fee of two dollars and shall receive a certificate of registration that must be conspicuously displayed at all times in the pharmacy, drug store or store with all licenses. Every person, partnership, association or corporation doing business as the proprietor or pro- prietors of a pharmacy, drug store or store shall cause the name of such proprietor or proprietors to be displayed upon a sign con- spicuously placed upon the exterior of the building and this sign shall be presumptive evidence of ownership of such pharmacy, drug store or store. The proprietor that opens a pharmacy, drug store or store subsequent to the month of January shall, within thirty days of opening, make this report, pay the fee and display the certificate and the sign. Every proprietor of a wholesale or retail pharmacy, drug store or store is responsible for the strength, quality and purity of all drugs sold or dispensed by him, subject to the guaranty provisions of this article. § 235. Apprentices and employees. Apprentices may be employed, in accordance with the requirements of this article and the rules, in registered pharmacies and drug stores and may receive instruction in the practice of pharmacology. Apprentices may prepare or dispense receipts or prescriptions, may sell or furnish medicines or poisons in the presence of and under the immediate personal supervision of a pharmacist or druggist who must be either the proprietor or in the actual employ of the proprietor. The proprietor as principal shall be equally liable for violations of this article by his apprentices or his unlicensed employees. Other unlicensed assistants may be employed in regis- tered pharmacies and drug stores for other purposes than the practice of pharmacology and the dispensing, compounding or retailing of drugs, chemicals, medicines, prescriptions or poisons. 372 NEW YORK STATE EDUCATIOIi DEPARTMENT § 236. Working hours and sleeping apartments. 'No apprentice or employee in any pharmacy or drug store shall be required or permitted to work more than seventy hours per week. I^othing in this section prohibits working six hours over- time any week for the purpose of making a shorter succeeding week, provided, however, that the aggregate number of hours in any such two weeks shall not exceed one hundred and thirty-two hours. The hours shall be so arranged that an employee shall be entitled to and shall receive at least one full day off in two consecutive weeks. No proprietor of any pharmacy or drug store shall require any clerk to sleep in any room or apartment in or connected with such store that does not comply with the sanitary regulations of the local board of health. [Amended hy L. 1911, ch. 630.] § 237. Adulterating, misbranding and substitut- ing. A drug is adulterated in any of the following cases: 1. When sold under or by a name recognized in the pharma^ copoeia it differs from the standard determined by the test or formula given. 2. When sold under or by a name recognized in the formulary the strength, quality or purity or percentage of the alkaloid or alkaloids or other potent ingredient or ingredients differs from the standard determined by the test or formula given. 3. When sold under or by a name not recognized in or accord- ing to a formula not given in the pharmacopoeia or formulary that is found in some other standard work on pharmacology recog- nized by the board, it differs in strength, quality or purity from the strength, quality or purity required, or the formula prescribed in the standard work. Provided, however, that all drugs sold by wholesalers when not sold to a consumer shall be in accordance with the provisions of the national food and drug act of June thirtieth, nineteen hundred and six. 4. When sold as a homeopathic drug it differs from the strength, quality or purity established by the test or formula given in the latest edition of the homeopathic pharmacopoeia of the United States or the American homeopathic pharmacopoeia. 5. Its strength, quality or purity differs from the professed standard of strength, quality or purity under which it is sold. 6. It contains methyl or wood alcohol Avhen intended for use as a medicine exce"Dt when sold as a veterinary linim.ent for external use only and so labeled. PRACTICE OF PROFESSIONS 373 Misbranding and substituting. A drug is misbranded if 1. The package bears any statement, design or device that is false or misleading in any particular regarding its contents, re- garding the state, territory or county in which it is manufactured or produced. 2. It is an imitation or is offered for sale under the name of another substance. 3. The original contents of the package have been removed in whole or in part and other contents added. 4. The package fails to bear a statement of the percentage con- tained therein by volume of alcohol and by quantity or proportion of morphine, opium, heroin, chloroform, cannabis indica, chloral hydrate, acetanilide or any derivative or preparation of any of these substances. 5. The package containing a homeopathic drug fails to state that fact. These statements shall be made in type easily read, conspicu- ously displayed and described by their common or English names. Alcohol used as a solvent, preservative or for any other purpose is contained in the drug within the meaning of this article. Noth- ing in this paragraph applies to the compounding and dispensing of drugs and medicines on the written prescription of a physician, dentist or veterinarian, which prescription shall be k(ipt on file by the pharmacist or druggist. 'Nor does it apply to unadulterated drugs recognized in the pharmacopoeia and the formulary .and the homeopathic pharmacopceia sold under the names by which they are recognized therein, and not sold under a proprietary name, trade name or trade mark. All adulterated, misbranded or substituted drugs are forfeited to the board for destruction. § 238. Poison schedules; register; opium and other prescriptions. It is unlawful for any person to sell at retail or to furnish any of the poisons of schedules A and B without affixing or causing to be affiixed to the bottle, box, vessel or pack- age, a la'bel with the name of the article and the word poison distinctly shown ^and with the name and place of business of the seller all printed in red ink together with the name of such poisons printed or written thereupon in plain, legible characters. Wholesale dealers in drugs, medicines, pharmaceutical prepara- tions, chemicals or poisons shall affix or cause to be 'affixed to every bottle, box, parcel and outer inclosure of an;^ original pack- 374 NEW YORK STATE EDUCATION DEPARTMENT age containing any of the articles of scliedule A a suitable label or brand in red ink with the word poison upon it. Register. Every person who disposes of or sells at retail or furnishes any poisons included in schedule A shall before deliv- ering the same enter in a book kept for that purpose the date of sale, the name and address of the purchaser, the name and the quantity of the poison, the purpose for which it is purchased and the name of the dispenser. The poison register must be always open for inspection by the proper autb.orities and must be pre- served for at least five years after the last entry. He shall not deliver any of the poisons of schedule A or B until he has satis- fied himself that the purchaser is aware of its poisonous character and that the poison is to be used for a legitimate purpose. The provisions of this paragraph do not apply to the dispensing of medicines or poisons on physician's prescriptions. The board shall add to any of the schedules from time to time as such action becomes necessary for the protection of the public. Schedules A, B and C shall remain in force till amended by the rules. Prescriptions of opium, morphine and chloral, !^^o pharmacist, druggist, or other person shall refill more than once, prescriptions containing opium or morphine or preparations of either of them or chloral, in which the dose of opium shall exceed one-quarter of a grain, or of morphine one-twentieth of a grain, or of chloral ten grains, except upon the written order of a physician. § 239. Construction of article; temporary permits. This article shall not apply to the practice of a physician that is not the proprietor of a pharmacy, drug store or store, or that is not in the employ of such a proprietor. Except as to the quality of drugs dispensed it shall not prevent physicians from supplying their patients with such articles as the physician deems proper. This article shall not be construed as precluding the ownership of a pharmacy or drug store by an unlicensed person, firm or cor- poration provided such pharmacy or drug store be conducted in accordance with the provisions of said article. Except as to the labeling of poison and to adulterating, misbranding and substi- tuting, it shall not apply. 1. To the sale of drugs, medicines, chemicals, prescriptions or poisons at wholesale when not for the use or consumption of the purchaser. PRACTICE OF PROFESSIONS 375 2. To the sale of paris green, white hellebore and other poisons for destroying insects. 3. To the sale of any substance for use in the arts. 4. To the manufacture and sale of proprietary medicines. 5. To the sale by merchants of the articles in schedule C. § 24:0. Revocation of license; misdemeanors; vio- lation and penalties. No license or certificate shall be granted to any applicant guilty of felony or gross immorality, or that is addicted to the use of alcoholic liquors or narcotic drugs to such an extent as to render him unfit to practice pharmacology. Any license or certificate obtained by misrepresentation or fraud or that is held by any one unfit or incompetent from negligence, habits or other cause may be revoked after reasonable notice and an opportunity to be heard. The wilful and repeated violation of any of the provisions of this article or the rules is sufficient cause for the revocation of a license or certificate. The license or certificate revoked shall on formal notice be delivered imme- diately to the fboard. Misdemeanors. It is a misdemeanor for 1. Any person to procure or to attempt to procure a license or certificate for himself or for any other person by making, or causing to be made, any false representations. 2. Any pharmacist to permit the compounding and dispensing of prescriptions of medical practitioners in his pharmacy by any unlicensed person or persons, except in the presence of and under the immediate personal supervision of a pharmacist or druggist. 3. Any unlicensed person to prepare or to dispense a medical prescription or physician's prescription, or to dispense or to sell at retail poisons or medicines except under the immediate per- sonal supervision of a pharmacist or druggist whose license is displayed in the pharmacy or drug store. 4. Any unlicensed person to open or to conduct or to have charge of, or to supervise any pharmacy, drug store or store for retailing, dispensing or compounding drugs, chemicals, medicines, prescriptions or poisons. 5. Any person to fraudulently represent himself to be licensed. 6. Any person to intentionally prevent or knowingly refuse to permit any examiner or inspector to enter a pharmacy, drug store or store for the purpose of lawful inspection. 7. Any person whose license or certificate has been revoked, to refuse to deliver the certificate or license. 376 NEW YORK STATE EDUCATION DEPARTMENT 8. Any person to omit his name from the sign and any holdei* of a license or certificate to fail to display the same. 9. Any proprietor of a pharmacy or drug store to require more than seventy working hours a week in other arrangement than that permitted by section two hundred and thirty-six ; and for any proprietor of a pharmacy or drug store to violate the provisions of the same section in regard to sleeping apartments. [Amended hy L. 1911, ch. 630.] 10. Any person to adulterate, misbrand or substitute any drug knowing or intending that it shall be used, or sells, offers for sale or causes to be sold any adulterated, misbranded or substituted drug. 11. Any person to violate any of the provisions of this article in relation to the wholesaleing, retailing or dispensing of drugs, chemicals, medicines, prescriptions and poisons for which viola- tion no other punishment is imposed. Violations and penalties. Any person that violates any of the provisions of this article who is not criminally prosecuted, as for a misdemeanor, shall forfeit to the people of the state of New York the sum of fifty dollars for every such violation, which may be paid to the board or sued for and recovered in the name of the people of the state of IsTew York in an action brought therefor by the attorney-general. A person accused of violation of any of the provisions of this article relating to adulterating, misbranding or substitution shall not be prosecuted or convicted or suffer any of the penalties, fines or forfeitures for such violation, if he establishes upon the hear- ing or trial that the drug or drugs alleged to be *adultered, mis- branded or substituted were purchased by him under a guaranty of the manufacturer or seller to the effect that said drug or drugs were not adulterated or misbranded within the meaning of this article and proves that he has not adulterated, misbranded or sub- stituted the same. A guaranty in order to be a defense to a prose- cution or to prevent conviction or to afford protection, must state that the drug or drugs to which it refers are not *adultered, mis- branded or substituted within the meaning of the provisions of the statute of l^ew York state and must state also the full name, and place of business of the manufacturer, wholesaler, jobber or other person from whom the drug or drugs were purchased. In construing and enforcing the provisions of this article the word * So in original. PRACTICE OF PKOFESSIONS 377 ^^ person " shall import both the plural and singular and shall include corporations, companies, partnerships, societies and asso- ciations, and the act, omission or failure of any officer, agent or other person acting for or employed hj any corporation or asso- ciation within the scope of his authority or employment shall in every case 'be deemed to be the act, omission or failure of the corporation or association as well as that of the officer, agent or other person; and that in case of violation of the provisions of this article by a partnership, association or corporation, every member of the partnership or association and the directors and general officers of the corporation and the general manager of the partnership, association or corporation, shall be individually liable and any action, prosecution or proceeding authorized by this article may be brought against any or all of such persons. When any prosecution under this article or under section eleven hundred and forty-two, section eighty, section eighty- one, section eighty-two, section seventeen hundred and forty-two, section seventeen hundred and forty-three, section seventeen hundred and forty-five, section seventeen hundred and forty-six, section seven- teen hundred and forty-seven, section seventeen hundred and forty-eight, section seventeen hundred and forty-nine and section seventeen hundred and sixty of the penal law and any amend- ment thereto is made on the complaint of the board, any fines collected shall be paid into the state treasury as provided by this article. § 2. Such article of such chapter is hereby amended by adding thereto a new section to be section two hundred and forty-one thereof, to read as follows : § 241. Schedules A, B and C. These schedules remain in force until revised by the board and approved by the regents. Schedule A. Arsenic, atropine, corrosive sublimate, potassium cyanide, chloral hydrate, hydrocyanic acid, morphine, strychnine and all other poisonous vegetable alkaloids and their salts, oil of bitter almond containing hydrocyanic acid, opium and its prepa- rations, except paregoric and such others as contain less than two grains of opium to the ounce. Schedule B. Aconite, belladonna, cantharides, colchicum, conium, cotton root, digitalis, ergot, hellebore, henbane, Phyto- lacca, strophanthus, oil of savin, oil of tansy, veratrum viride and their pharmaceutical preparations, arsenical solutions, carbolic acid, chloroform, creosote, croton oil, white precipitate, strophan- 378 l^EW YORK STATE EDUCATION DEPARTMENT thus, methyl or wood alcohol, mineral aoids, oxalic acid, paris green, salts of lead, salts of zinc, white hellebore, or any drug, chemical or preparation which, according to the pharmacopoeia and formulary and homeopathic pharmacopoeias, is destructive to adult human life in quantities of sixty grains or less. Schedule C. Ammonia water, bicarbonate of soda, borax, cam- phor, castor oil, cream of tartar, dye stuffs, essence of peppermint, essence of wintergreen, non-poisonous flavoring essences or ex- tracts, glycerine, licorice, olive oil, sal ammoniac, saltpetre, sal soda, epsom salt, rochelle salt, sulphur, cod liver oil, vaseline, petroleum jellies, oil of origanum, oil of spike, flaxseed, rock candy, butter color, malt extract, extract of beef, beef iron and wine, extract of witch hazel, quinine pills, cathartic pills, seidlitz powders, bay rum, perfumes, toilet water, turmeric, talcum pow- der, composition powder, porous plasters, court plasters, copperas, alum, gum arable, lithia water. § 3. This act shall not affect pending actions or proceedings, civil or criijiinal brought by or against the state board of phar- macy, as the same was constituted prior to the taking effect of such act, but such actions or proceedings shall be prosecuted or defended to a final conclusion, in the same manner, by the state board of pharmacy constituted as herein provided, or by the officer having jurisdiction in respect thereto. The provisions of this act shall not be construed so as to affect or impair any act done, or right accruing, accrued or acquired, or any penalty, forfeiture, or punishment incurred prior to the time when this act or any part thereof takes effect, under or by *virtiue of the law amended by such act, but the same may be asserted, enforced, prosecuted or inflicted, as fully and to the same extent as if tliis amendatory act had not been passed. § 4. Section three hundred and eighteen of such chapter is hereby repealed. § 5. This act shall take effect August first, nineteen hundred and ten, except that the provisions contained in section two hun- dred and thirty-one, which relate to the nomination and appoint- in ent of members of the state board of pharmacy and the organiza: tion of said board, shall take effect immediately. * So in original. PRACTICE OF PROFESSIONS 379 VI. REGISTRATION OF NURSES Public Health Law (L. 1909, ch. 49) art. 12 Sention 250. Who may practice as registered nurses. 251. Board of examiners; examination; fees. 252. Waiver of examination. 253. Violations of this article. § 250. "Who may practice as registered nurses. Any resident of the state of New York, being over the age of twenty- one years and of good moral character, holding a diploma from a training school for nurses connected with a hospital or sanitarium giving a course of at least two years, and registered by the re- ^nts of the university of the state of New York as maintaining in this and other respects proper standards, all of which shall be determined by the said regents, and who shall have received from the said regents a certificate of his or her qualifications to practice as a registered nurse, shall be styled and known as a registered nurse, and no other person shall assume such title, or use the ab- breviation R. N. or any other words, letters or figures to indicate that the person using the same is such a registered nurse. Before beginning to practice nursing every such registered nurse shall •cause such certificate to be recorded in the county clerk's ofiice of the county of his or her residence with an afiidavit of his or her identity as the person to whom the same was so issued and of his or her place of residence within such county. In every thirty- sixth montli from thie month of January, nineteen hundred and six, every registered nurse shall again cause his or her certificate to be recorded in the said county clerk's office, with an affidavit of his or her identity as the person to whom the same was issued, and of his or her place of residence at the time of such re-registration. Nothing contained in this article shall be considered as conferring any authority to practice medicine or to undertake the treatment or cure of disease in violation of article eight of this chapter. § 251. Board of ezaxniners ; examination; fees. The board of examiners of nurses appointed pursuant to laws of nineteen hundred and three, chapter two hundred and ninety- three, is continued. The New York state nurses' association at each annual meeting shall nominate for examiners two of their members who have had not less than Rve years' experience in their profession. Upon the expiration of the term of office of any 380 NEW YORK STATE EDUCATION DEPARTMENT examiner now in office the regents of the university of the state of JSTew York shall from the candidates so nominated fill the vacancy for a term of five years and until Itis or her successor is chosen. An unexpired term of an examiner caused by death, resignation or otherAvise, shall be filled by the regents in the same manner as an original appointment is made. The said regents, with the advice of the board of examiners above provided for, shall make rules for the examination of nurses applying for cer- tification under this article, and shall charge for examination and for certification a fee of five dollars to meet the actual expenses, and shall report annually their receipts and expenditures under the provisions of this article, to the state comptroller, and pay the balance of receipts over expenditures to the state treasurer. The said regents may revoke any such certificate for sufficient cause after written notice to the holder thereof and hearins: thereon. No person shall thereafter practice as a registered nurse under any such revoked certificate. § 252. Waiver of examination. The regents of the university of the state of ]Srew York may upon the recommenda- tion of said board of examiners, waive the examination of any person possessing the qualifications mentioned in section two hun- dred and fifty, who shall have been graduated before, or who were in training on the twenty-fourth day of April, nineteen hundred and three, and shall thereafter be graduated. § 253. Violations of this article. Any violation of this article shall be a misdemeanor. When any prosecution under this article is made on the complaint of the New York state nurses^ association, the certificate of incorporation of which was filed and recorded in the office of the secretary of state on the second day of April, nineteen hundred and two, the fines collected shall be paid to said association and any excess in the amount of fines so paid over the expenses incurred by said association in enforc- ing the provisions of this article shall be paid at the end of each year to the treasurer of th)e state of New York. VII. OPTOMETRY Public Health Law (L. 1909, ch. 49) art. 15 Section 300. Definition; application of article. 301. State board of examiners. 302. Powers of board. PRACTICE OF PROFESSIONS 381 Section 303. Examinations; certificates of practitionei-s. 304. Certificate to be recorded and displayed. 305. Fees. 306. Kevocation of certificate. 307. Violations of article. 308. Construction of article. § 300. Definition; application of article. The prac- tice of optometry is defined to be the employment of any means, other than the use of drugs, for the measurement of the powers of vision and the adaptation of lenses for the aid thereof. § 301. State board of examiners. The board of ex- aminers in optometry is continued. The members of said board now in office shall continue in office until the expiration of their respective terms. Such board of examiners shall consist of five persons, appointed by the state board of regents, and shall possess sufficient knowledge of theoretical and practical optics to practice optometry and shall have been residents of this state actually en- gaged in the practice of optometry for at least five years. The term of each member of said board shall be three years, or until his successor is appointed, and vacancies shall be filled for the un- expired term only. § 302. Poivers of board. Said board of examiners shall, subject to the approval of the regents, make such rules and regu- lations, not inconsistent with the law, as may be necessary for the proper performance of its duties; any member of the board may upon being duly desigiiated by the board, or a majority thereof, administer oaths or take testimony concerning any matter within the jurisdiction of the board. § 303. Examinations; certificates of practitioners. Every person desiring to commence or to continue the practice of optometry after January first, nineteen hundred and nine, except as hereinafter provided, upon presentation of satisfactory evi- dence, verified by oath, that he is more than twenty-one years of age, of good moral character, has a preliminary education equiva- lent to at least two years in a registered high school, and has also studied at least three years in a registered optometrist's office, or has graduated from a school of optometry, maintaining a standard satisfactory to said board of regents, shall take an exam- ination before said board of examiners to determine his qualifica- tions therefor. Every candidate successfully passing such exam- ination shall be registered by said board of regents as possessing 382 NEW YORK STATE EDUCATION DEPARTMENT the qualifications required by this article, and shall receive from said board of regents a certificate thereof, but any person who shall submit to saiid board of examiners satisfactory proof as to his character, competency, and qualifications, and that he has been continuously engaged in thie practice of optometry in this state for more than two years next prior to the time that chapter four hundred and sixty of the laws of nineteen hundred and eight took effect, may upon the recommendation of said board of exam- iners receive from thfe board of regents a certificate of exemption from such examination, which certificate shall be registered, and entitle him to practice optometry under this article. Every person who was, on the twenty-first day of May, nineteen hundred and eight, when section two hundred and nine-d of the public health law, as then known, took effect, entitled to a certificate of exemp- tion as therein provided, but who failed or neglected to make ap- plication therefor and present evidence to entitle him thereto, on or before January first, nineteen hundred and nine, a^ provided by said section, must make such application and present such evi- dence on or before July first, nineteen hundred and nine, or he shall be deemed to have waived his right tO' such certificate. Be- fore any certificate is issued it shall be numbered and recorded in a book kept in the regents' office and its number shall be noted upon the certificate. A photograph of the person registered shall be filed with the record and a duplicate thereof afl&xed to the cer- tificate. In all legal proceedings the record and photograph so kept in the regents' office or certified copies thereof shall be prima facie evidence of the facts therein stated. [As amended hy L. 1909, ch. 134.] § 304. Certificate to be recorded and displayed. Every person to whom a certificate of either registration or ex- emption shall be issued shall immediately cause the same to be re- corded in thie clerk's office in the county of his residence, and also in the clerk's office of each other county wherein he shall then practice or thereafter commence the practice of optometry ; every person practicing optometry must also display his certificate of registration or exemption in a conspicuous place in the principal office wherein he practices optometry and, whenever required, ex- hibit such certificate to said board of examiners or its authorized representatives. And whenever practicing said profession of optometry outside of, or away from, said office or place of business, he shiall deliver to each customer or person so fitted with glasses. PEACTICE OF PROFESSIONS 383 a bill of purchase, which shall contain his signature, home post- office address, and the number of his certificate of registration or exemption, together with a specification of the lenses furnished and the price charged therefor. § 305. Fees. The fee for such examination shall be fifteen dollars; for a certificate, of registration, ten dollars, and for a certificate of exemption, five dollars, to be paid to the board of regents and constitute a fund for expenses made necessary by this article. Such fees shall be paid into the state treasury and the legislature shall annually appropriate therefrom for the education department an amount sufficient to pay all proper expenses in- curred pursuant to this article. The fee to be paid to the county clerk for recording a certificate shall be fifty cents. § 306. Revocation of certificate. The board of regents shall have power to revoke any certificate of registration or exemption granted by it under this article, the holder of which is guilty of any fraud or deceit in his practice, has been con- victed of crime, or is an habitual drunkard, or grossly incom- petent to practice optometry. Proceedings for revocation of a certificate or the annulment of registration shall be begun by filing a written charge or charges against the accused. These charges may be preferred by any person or corporation, or the regents may on their own motion direct the executive officer of the board of regents to prefer said charges. Said charges shall be filed with the executive officer of the board of regents, and a copy thereof filed with the secretary of the board of optometry ex- aminers. The board of optometry examiners, when charges are preferred, shall designate three of their number as a committee to hear and determine said charges. A time and place for the hearing of said charges shall be fixed by said committee as soon as convenient, and a copy of the charges, together with a notice of the time and place when they will be heard and determined, shall be served upon the accused or his counsel, at least ten days before the date actually fixed for said hearing. Where personal ser- vice or service upon counsel cannot be affected, and such fact is certified on oath by any person duly authorized to make legal service, the regents shall cause to be published for at least seven times for at least twenty days prior to the hearing, in two daily papers in the county in which the optometrist was last known to practice, a notice to the effect that at a definite time and place a hearing will be had for the purpose of hearing charges against 384 NEW YORK STATE EDUCATION DEPARTMENT the optometrist upon an application to revoke his certificate. At said hearing the accused shall have the right to cross-examine the witnesses against him and to produce witnesses in his defense, and to appear personally or by counsel. The said committee shall make a written report of its findings and recommendations, to be signed by all its members, and the same shall be forthwith trans- mitted to the executive office of the board of regents. If the said committee shall unanimously find that said charges, or any of them, are sustained, and shall unanimously recommend that the certificate of the accused be revoked or his registration be annulled, the regents may thereupon, in their discretion, revoke said certifi- cate or annul said registration, or do both. If the regents shall annul such registration, they shall forthwith transmit to the clerk of the county or counties in which said accused is registerf^d as an optometrist, a certificate under their seal certifying that such reg- istration has been annulled, and said clerk shall, upon receipt of said certificate, file the same and forthwith mark said registration ^' annulled." Any person who shall practice optometry after his registration has been marked " annulled " shall be deemed to have practiced optometry without registration. Where the certificate of any person has been revoked, or his registration has been annulled as herein provided, the regents may, after the expiration of one year, entertain an application for a new certificate, in like manner as original applications for certificates are entertained ; and upon such new application they may in their discretion exempt the ap- plicant from the necessity of undergoing any examination. § 307. Violations of article. No person not a holder of a certificate of registration or exemption duly issued to him and recorded as above provided shall after January first, nineteen hundred and nine, practice optometry within this state. N'o per- son shall falsely personate a registered optometrist of a like or different name, nor buy, sell, or fraudulently obtain a certifi- cate of registration or exemption issued to another. Practicing or offering to practice optometry, or the public representation of being qualified to practice the same by any person not author- ized to practice optometry, shall be sufficient evidence of a viola- -tion of this article. Any violations of the provisions of this article shall be a misdemeanor and courts of special sessions shall have jurisdiction of all such violations. § 308. Construction of article. ISTothing in this article shall be construed to apply to duly licensed physicians authorized PEACTICE OF PROFESSIONS 385 to practice medicine under tlie laws of the state of New York nor to persons who neither practice nor profess to practice optom- etry, who sell spectacles, eyeglasses or lenses either on prescription from such physicians or from such duly qualified optometrists, or as merchandise from permanently located and established places of business. VIII. PUBLIC ACCOUNTANTS General Business Law (L. 1909, ch. 25) § 80. Certified public accountants. Any citizen of the United States, or person who has duly declared his intention of becoming such citizen, residing or having a place for the regular transaction of business in the state, being over the age of twenty- one years and of good moral character, and who shall have re- ceived from the regents of the university a certificate of his quali- fications to practice as a public expert accountant as hereinafter provided, shall be styled and known as a certified public ac- countant; and no other person shall assume such title, or use the abbreviation C. P. A. or any other words, letters or figures, to indicate that the person using the same is such certified public accountant. § 81. Regents to make rules. The regents of the uni- versity shall make rules for the examination of persons applying for certificates under this article, and may appoint a board of three examiners for the purpose, which board shall be composed of certified public accountants. The regents shall charge for ex- amination and certificate such fee as may be necessary to meet the actual expenses of such examinations, and they shall report, annually, their receipts and expenses under the provisions of this article to the state comptroller, and pay the balance of receipts over expenditures to the state treasurer. The regents may revoke any such certificate for sufficient cause after written notice to the holder thereof and a hearing thereon. § 82. Misdemeanor. Any violation of this article shall be a misdemeanor. 13 386 NEW YORK STATE EDUCATION DEPARTMENT IX. CERTIFIED SHORTHAND REPORTERS General Business Laiv (L. 1909, ch. 25) ARTICLE 8-A Certified shorthand reporters (Article added by L, 1911, ch. 587.) Section 85. Certified shorthand reporters; qualifications. 86. Idem; examination and certification. 87. Exceptions. 88. Violations. § 85. Certified shorthand reporters; qualifica- tions. Any citizen of the United States, or person who has duly declared his intention of becoming such citizen, residing or having a place for the regular transaction of business in this state, being over the age of twety-one years, and of good moral character, and who shall have received from the regents of the university a certifi- cate of his qualifications to practice as a public shorthand reporter as hereinafter provided, shall be styled and known as a certified shorthand reporter, and no other person shall assume such title or use: the abbreviation C. S. R., or any other words, letters or figures to indicate that the person using the same is such certified shorthand reporter. § 86. Idem; examination and certification. The regents of the university shall make rules for the examination of persons applying for certificates under this article and shall ap- point a board of three examiners for the purpose, which board shall after the year nineteen hundred and fourteen be composed of certified shorthand reporters. The term of office of the members of such board of examiners shall be three years, except that of the first board appointed under this article, one member shall hold office for one year, one member for two years, and one mem- bcT for three years, such respective terms to be determined by the regents of the university, who shall also fill any vacancies which may occur in such board. The regents shall charge for examination and certificate such fee as may be necessary to meet the actual expenses of such examinations, and they shall report annually their receipts and expenses under the provisions of this PRACTICE OF PROFESSIONS 387 article to the state comptroller, and pay the balance of the re- ceipts over expenditures to the state treasurer. The regents may revoke any such certificate for sufficient cause after written notice to the holder thereof, and a hearing thereon. § 87. Exceptions. The regents may, in their discretion, waive the examination of any person possessing the qualifications mentioned in section eighty-five, who shall have been for more than three years before the enactment of this article practicing in this state, solely on his ovm account, as a public shorthand reporter, or who is at the time this article takes effect a shorthand reporter duly appointed as an official in any court of this state, and who shall apply in writing for such certificate within one year after this article takes effect. § 88. Violations. Any violation of the provisions of this article shall be a misdemeanor. INDEX Abolition of libraries, 218-19. Academic departments, 5. academies changed to, 73. apportionment, 113. for nonresident pupils, 114. boards of education, powers, 73. establishment, 69-70. Academic examinations, 11. Academic quota, 113. Academies apportionment to, 113. changed to academic departments, 73. charters, 13. defined, 5. dissolution, li5-18. retransfer to former trustees, 73- 74. trustees, 73. Accountants, 11, 38o. Actions against school officers, 160. county judge to compel district to levy tax for costs, 160, 161. expenses of district officers in de- fending, tax for, 45. for recovery of taxes, 99. supervisors sue for money due from school officers, 32. teachers' wages, unpaid, 45. trustees, against predecessor, 60. provisions of code of civil pro- cedure, 275. Affidavits, commissioner of educa- tion may take, 25. district superintendents may take, 90. Age of pupils, 124, 131. Agricultural education, advisory board in relation to, 301. Agriculture, schools of, 126-30, 188- 98. authority of the board of educa- tion over, 128. courses for training of teachers, 130. estimates and appropriations, 129- 30. state aid for, 128-29. supervision by commissioner of education, 24. Alcoholic drinks, see Physiology and hygiene. Alfred University, state school of agriculture, 192-93. Annual meetings, see School meetings. Apparatus apportionment for, 113, 114. boards of education to purchase, 60, 70. district to vote tax for, 45. exempt from taxation, 37. expenditures for, 58. loans, 11. purchase of, from proceeds of sale of schoolhouse or site, 106-7. repairs, 58. Appeals from action of joint meeting alter- ing school districts, 30. to commissioner of education, 162- 64. from district superintendents' acts and decisions, 91. district superintendents to report testimony to commissioner of education, 90. expenses of district officers, tax for, 45. See also Decisions. 3S9 390 NEW YORK STATE EDUCATION DEPARTMENT Appellate division libraries, 222-28. Appointments of officers and em- ployees of Education Department, 7. Apportionment, see Public library money; School libraries; School moneys. Arbor day, 147-48. Archives in state library, 212. Art associations, incorporation, 13. Assessment, see Taxes. Associations, incorporation, 13. Attendance compulsory, 131. of Indians, 167. record of, 122, 134. Attendance officers, 136. Indian schools, 169. interference with, 136-37. Attorneys, admission of, 319-33. Ballot boxes boards of education to provide, 64- 65. trustees shall provide, 48. Ballots in common school districts, form of, 48. * Banking law, extract from, 295-96. Banks savings, in schools, 295-96. taxation of, 264-68. Bequests authorized, 307-9. to corporations, 306-14. of personal property other than money or securities exempt, 3 14. transfer tax, exemptions from, 314. See also Gifts; Trusts. Birds, birds' nests and eggs, permit to make collection, 316. Blackboards, district to vote tax for, 44. Blind, instruction of, 170-75. required attendance, 131. Boards of education, 61-76. academy, may adopt as academic department, 73. appointment of officers in union free school district, 53. bonds, issue of, 109--10. Boards of education {continued) condemnation of land for school- house site, 107. contracts with trustees in other districts, 125. corporate bodies, 62. defined, 6. election, 34, 62-65. disputes concerning, 65. in new district, 65-66. inspectors, 64. notice of, 64. record of votes, 64. special, 65. expenditures, limitation upon, 72. fire drills, duties relating to, 146. fire escapes, construction, 104. industrial and trade schools, duties relating to, 127. ineligibility, 47. kindergartens^ to maintain, 71. library property, transfer of, 219- 20. meetings, 71. annual, 66, members, school officers, 6. night schools, to maintain, 71. number of members in certain dis- tricts, 66-67. powers and dtities, 68-71. president, 02. records, 74. removals from office, 26, 68, 70. reports, 74. filed with commissioner of edu cation on request, 27. report of pupils from other dis- tricts, 126. school libraries, appointment of librarian, 219. school meetings, duties relating to, 35, 36-37. special, may call, 42, school moneys, custody and pay- ment of, 72. estimate of expenditures, 74-75. schoolhouses, outbuildings, pro- vision for, 105. sites, designation without vote, 106. INDEX TO EDUCATION LAW 1910 ?>0J Boards of education {continued) superintendent of schools, super- vision, 71. supervision by commissioner of education, 26. taxes for payment of bonded in- debtedness of school district, to raise, 31. certified to corporate authorities, 75-76. may levy without vote, 75. teachers, contract with, 123. relationship to, 124. training schools or classes, may establish, 151-52. term of office, 63, 65-66, 67, 68. textbooks, to designate, 141. to furnish, 142. title to lands vested in, 107-8. trustees, powers of, 73. of union school district, election, 34. vacancies in office, 49. how filled, 70. visitation of schools, 71. waterclosets, to provide, 70. See also Trustees; Union freo school districts. Boards of supervisors, see Supervis- ors. Bond collector's, 44, 52-53, 54, 96, 120. recovery of money on, 55. supervisor's, for school moneys, 80-81. treasurer's, 44, 52, 54, 120. Bonded indebtedness, charge upon en- larged district, 31. Bonds, 108-9, 109-10. legalizing, 296-300. rate of interest, 300-1. sale, notice of, 110. payment of proceeds, 51-52. sale of site to be taken as security for, 106. Books bought with public money, ap- proval of, 218. forfeiture of grants, 217. subject to return to state, 218. Books (continued) of delinquent libraries, 218. leans, 11. penalties for detention, 216-17. regents may buy for libraries, 218. standard for local subsidies, 215. Books and apparatus, apportionment for, 113, 114. Botanist, state, member of museum staflf, 12. Branch institutions, establishment restricted, 14. Branch libraries, 214. Branch schools, establishment, 58. Brooklyn schools, anniversary day, 274. Building for Education Department 8. Buildings, see Schoolhouses. Bulletins, publication authorized, 7-8. Business corporations law, extract from, 302. Business schools, use of name college, 18. Census Indian inhabitants, 170. school, 139-41. expenses, how paid, 112. Certificates issued by institutions of other states or countries, regents may fix value of, 11. protection against fraud, 18. See also Credentials; Normal schools ; Teachers' certificates. Certified public accountants, 11, 385. Certified shorthand reporters, 386-87. Chancellor of university, 9. duties, 10. meetings, to call, 10. signature to reports, 7. Charters, corporations business corporations law, 302. constitutional provisions, 302. membership corporations law, 303. Charters of university institutions, 13. alteration or repeal, 14. 392 NEW YORK STATE EDUCATION DEPARTMENT Charters of university institutions {continued) conditions of granting, 13-14. library, 216. property requirements, 13-14. provisional, 13. restrictions, degree-conferring pow- er, 18. surrender, l-S. suspension, 13. Children, unlawful employment, 133- 34, 279-91. See also Pupils; School age. Circulation, subsidies granted on, 215. Cities apportionment to. 111, 112, 113. deposit, custody and payment of moneys in, 72. libraries, 214. property in trust for common schools, 118. school district for purposes of ap- portionment, 117. supervisory districts shall not form part of, 82-83. taxes, corporate authorities to levy, 75. teachers' training schools or classes, 151-52. treasurer or chamberlain, certifi- cate of apportionment of school moneys to, 115-16. Civil procedure, code of, extract from, 275. Clerk, see District clerk. Cobleskill, state school of agriculture at, 193-96. Code of civil procedure, extract from, 275. Collection of taxes, see Taxes. Collector bond, 44, 52-53, 54, 96, 120. recovery of money on, 55. county treasurer, payment of tax to collector, 98. custody of moneys, 54. disbursement of moneys, 78. district treasurer, payment of moneys to, 52, 54. election in common school districts, 44. Collector {continued) fees, 97. jurisdiction, 96. liability of, for moneys lost, 54. payment of. moneys, 120. railroad companies, assessment and tax, 97. receipt for taxes, 269. removal of, 26. reports of receipts and disburse- ments, 54. in each school district, 47. school ofiieer, 6. taxes, notice of receiving, 96-97. unpaid, return of, 99. warrants for collection of, 95-96. teachers' fund, to disburse, 53. trustee, may not hold office of, 47. not to draw on for teachers' wages unless record is verified, 123. in union free school district, 53-54. vacany in oflice, 49. how filled, 50. Colleges defined, 5. degree-conferring power, 13. incorporation, conditions of, 13. name, use of, 18. trusts, may hold, 308, 310. water-works and sewer systems, may construct, 22-23. Colonial history, extra copies, 212^13. Colored children, schools for, 165. Columbus day, 113, 274. Commissioner of education, 5, 23-27. academy, approval of adoption as academic department, 73. affidavits, maj' take, 25. agriculture, schools of, supervision, 24. appeals or petitions to, 162-64. "appointment of officers and em- ployees, 7. Arbor day, to prescribe exercises for, 147^8. assistant commissioners, appoint- ments, 7. may take testimony, 10. removals and suspensions, 7. INDEX TO EDUCATION LAW 1910 393 Commissioner of education (continued) boards of education, election dis- putes, to decide, 65. may order new election, 65. removal from office, 26, 68. supervision, 26. buildings, new, plans and specifi- cations must be approved by, 102-3. chief executive officer of state system of education and of re- gents, 6, 24. city schools, supervision, 26. collector, removal of, 26. compulsory education law, with- holding state moneys for failure to comply with, 138-39. contingent expenses, decisions on, conclusive, 75. contracts between school districts for education of pupils, approval of, 125-26. deaf and blind, institutions for, duties relating to, 170-71, 172. district clerk, removal of, 26. district election disputes, determi- nation of, 65. district superintendents, appeals from acts of, to be taken to, 91. election disputes, to decide, 91. examinations in agriculture, to prescribe, 86. expenses, may audit and allow, 87. to perform duties of another superintendent when requested by, 90. may remove from office, 86, 88. reports, 90. to report testimony in appeal cases to, 90. salary, payment of, 87. may withhold salary, 87. subject to rules prescribed by, 91. vacancy in office, duties relating to, 87. district treasurer, removal of, 26. Education Department, adminis- tration of, 25. Commissioner of education {continued) election by regents, 24. elected without regard to place of residence, 24. extension of educational facilities, 11. fines, apportionment of, 158. forms, preparation of, 25. home making, schools of, super- vision, 24. Indian children, duties regarding, 166, 169. industrial and trade schools, ap- portionment for, 128'-29. supervision, 24. inspection, duties relating to, 13, 24-25, 26. laws, enforcement of, 24. mechanic arts, schools of, super- vision, 24. normal college, control of, 157. normal school diploma, annulment, 25. normal schools, powers and duties, 25, 153, 154. oaths, power to administer, 25. office continued, 24. patriotic exercises, provision for, 146. penalty for falsely claiming to rep- resent, 159. physiology law, duties relating to, 144. powers and duties, 24-26. property to be held in trust for common schools, 118. question papers for Cornell Uni- versity scholarships, to direct preparation, 186. registers, blanks, forms, prepara- tion of, 25. removals and suspension, 7. reports, to the legislature, 7-8. from boards of education, to require, 74. filed with county clerk and county treasurer, may require, 27. of school officers, to require, 26. of school trustees, to prescribe form of, 69, 60. 394 IsEW YORK STATP: EDrCATIOX DEPARTMENT Commissioner of education (continued) responsible for books, records and other property, 25. responsible for seal, 25. rules of regents, to enforce, 26. salary, 24. school commissioner, removal of, 26. school districts, appeal to from ac- tion of meeting altering, 30. minutes of meeting to organize union seliool to be filed with, 35. proceedings of meeting, to be notified of, 36-37. school libraries, rules regarding, 219. school library moneys, may with- hold, 220. school meetings, special, may call, 41. of two or more districts, may order, 34. school moneys, apportionment, 111-15. certificate of apportionment, 115- 16. apportionment of money for non- resident pupils, 114. apportionment withheld for fail- ure to comply with physiology law, 145. withholding of, 26. school neighborhoods, 37-38. school officers, removal of, 26. schoolhouses, may grant use of for examinations and institutes, 104. seal, 7. signature to reports, 7. special meeting of regents, may call, 10. suits or proceedings, to enforce de- cisions of, 160, 161. superintendent of schools, removal of, 26. supervision over schools and insti- tutions, 24. supervisory districts, disputes re- garding formation to be deter- mined by, 91. Commissioner of education (continued) tax list, approval of amendment of, 96. teachers, dismissal, 124. regulations governing, 121. teachers, to keep register of, 25. salary, may authorize payment in certain cases, 112. teachers' certificates, to issue, 121. annulment, 25. endorsement, 121-22. may revoke for refusal to teach physiology and hygiene, 144. teachers' institutes, duties relating to, 148-49, 150. teachers' retirement fund, duties relating to, 201, 203, 204, 207, 209. teachers' training schools and classes, apportionment for, 117. duties relating to, 151. terra of office, 24. testimony, may take, 10. trade schools, supervision, 24. traveling and other expenses, al- lowance for, 24. trustee of Cornell University, 25. trustees, removal of, 26. trusts, supervision, 118. report of to, 119. union school district, may author- ize meeting to organize, 33. supervision, 26. vacancy in office of trustee, to call meeting to fill, 50. villages and union free school dis- tricts, to determine population of, 71, 112-13. visual instruction, provision for, 25-26. See also Education Department. Commissioners, school, see School commissioners. Common school districts, see Dis- tricts. Common schools constitutional provisions, 258. free to resident pupils, 124. nonresident pupils, 124. INDEX TO EDUCATION LAW 1910 195 Common schools (continued) See also Districts ; School meet- ings. Comptroller school moneys, may withhold pay- ment of, 117. warrants for pajTnents, 115. Compulsory education, 130-39. of Indians, 167. Compulsory school age, defined, 6. Condemnation of land for school- house sites, 107. Constitutional provisions relating to education, 258-59. Contingent expenses, 75. Contingent fund established, 111. Contracts between school districts for educa- tion of pupils, 125. for building schoolhouses, 105. district superintendent not to be interested' in, 88. for library privileges, 214. officials not to be interested in, 278. school trustees not to be interested in, 61. teachers, 123. Conveyance of pupils, 45-46. Cornell University, 181-90. commissioner of education, trustee of, 25. Corporal punishment, 276. Corporate authorities to levy taxes, 7'5-76. Corporations bequests to, 306^-14. dissolution, 305-6. incorporation by special act for- bidden, 302. management, 305. property holding, 304. receiver, 305-6. stock, 302, 303-4. See also Charters. Costs in actions by or against school officers, 160. Counterfeiting credentials, 18. Counties, grants of property to, for common schools, 118. Country life advancement, 301. County clerk district superintendent, duties re lating to election of, 85. to file trustees' reports and' sup- erintendents' abstracts with, 90. to forward certain reports to com- missioner of education, 27. school moneys, certificate of ap- portionment to, 115- i6. supervisory districts, duties relat- ing to 83. County judge, appeal to, 161-62. hearing before, 162. tax for costs in actions, to com- I^el districts to levy, 160, 161. County law, extract from, 294. County libraries, 214. County treasurer certificates relating to apportion- ment, to send to commissioner of education, 27. fines, disposition of, 159. penalty for disobedience to sub- poena, to impose, 90. railroad companies, notice to, of assessment and tax, 98. payment of tax to, 98. school moneys, annual report of, 115. apportionment to be certified to, 115-16. payments of, llo. payments to, statements of, 116. supervisor's bond, duties relating to, 80-81. tax list, transmission to, 99. taxes, payment to collector, 98. unpaid, collection of, 99-100. trustee of unclaimed academy stock, 18. Course of study board's of education to prescribe, 68. district superintendents, duties concerning, 89. trustees to prescribe in common schools, 57. Court libraries, 221-36. NEW YORK STATE EDUCATION DEPARTMENT Court of appeals order, regarding admission of at- torney, 325. rules for the admission of attor- neys and counsellors-at-law, 325- 31. Court of appeals judges' law lib- raries, 222. Court of appeals libraries, 221-22. Credentials conferment by regents, 11. for extension work, 11. fraudulent, 18. Dannemora, assessment for school purposes of certain state lands in, 101. Deaf mutes, instruction of, 170-75. Decedent's estate law, extract from, 306. Decisions, appeals from, 163-64. Definitions, 5-6. Degree-conferring institutions, re- striction of number, 18. Degree-conferring power, restrictions, 13-14, 18. Degrees charter restriction, 13-14. conferment by regents, 11. issued by institutions of other states or countries, regents may fix value, 11. protection against fraud, 18-19. provisional charter gives no power to confer, 13. Degrees, honorary, conferment by re- gents, 11. Delinquent and dormant institutions, exclusion from university mem- bership, 12. suspension of charter, 13. Delinquent libraries, 217, 218. books, 218. Dental societies, 346^-47. Dentistry, practice of, 11, 345-55. Departments of university, 12. Detention of library or museum prop- erty, 216-17. Devises, see Bequests. Diplomas conferment by regents, 11. conferment restricted, 18. endorsement, 121-22. issued by institutions of other states or countries, regents may fix value, 11. protection against fraud, 18. Directors, see School directors. Dissolution of academies, 15-18. of corporations, 305-6. of educational corporations, 14-15. school districts, 30. union free school district, re- stricted, 35. District attorney, fines, report and payment, 158-^59. District clerk duties, 51. election, in common school districts, 44. forfeiture of amount of moneys lost by neglect, 160: ^notice to persons elected, 48. oath, teachers, taken by, 123. records of dissolved district, deposit of, 31-32. removal of, 26. in each school district, 47. school meetings, annual, may desig- nate place of, 40. notice of, 40. school meeting, special, may call, 41. school officer, 6. treasurer's bond filed with, 52. trustee, may not hold office of, 47. in union free school district, 53-54. vacancies in office, how filled, 60. District collector, see Collector. District libraries, see School libra- ries. District meetings, see School meet- ings. District officers, see School officers. District quota. 111, 116. district entitled to, 112-13, 126. INDEX TO EDUCATION LAW 1910 397 District superintendent of schools, 82-91. affidavits, may take, 90. appeal cases, to report testimony in, to commissioner of education, 90. appeals from acts of, 91. commissioner of education, subject to rules prescribed by, 91. election, 84-85. expenses, allowance for, 87. may act for another district super- intendent, 90. not to be engaged in other busi- ness, 88. not to be interested in certain busi- ness or to accept rewards, 88. oath of office, 86. oaths, may administer, 90. office created, 82. powers and duties, 88-90, 91. powers of school commissioners, to hold, 91. qualifications, 85-86. removal from office, 88. disqualifies for reelection for five years, 86. reports, 90. salary, 87. forfeiture of, 87. subpcenas, power to issue, 90. supervisory districts, 82-84. teachers, examination and licensing of, 90. term of office, 86. training classes, inspection of, 89. vacancy in office, 86-87. how filled, 87. See also School commissioners. District treasurer bond, 44, 52, 54, 120. compensation, 54. duties, 51-52. election in common school districts, 44. payment of money from gospel funds, 120. removal from office, 26. in each school district, 47. District treasurer (continued) school moneys, disbursements, 78. payment to, 115. school officer, 6. term of office, 44. trustee, may not hold office of, 47. not to draw on for teachers' wages unless record is verified, 123. union free school district, 53-54. vacancy in office, 49. how filled, 50. Districts, 27-37. alteration, 29. apportionment, 112-13. boundaries, correcting records of, a district charge, 88-89. consolidated, property, 32. consolidation, 31. contracts with board's of education, in other districts, 125. dissolution, 30. dissolved district, deposit of records, 31-32. sale of property, 32. to exist for finishing business, 31. existing districts continued, 28. formation of new district, 29. formation, re-formation, 31. joint district, dissolution or altera- tion, 30. formation, 29. number, 29. meetings, 39-46. number and description of dis- tricts, 29. records, books, district property, 50. supervision by commissioner of education, 26. trust funds, 118. union school district, reorganiza- tion as common school district, 35. See also District clerk; District quota; District treasurer; School meetings; School officers; Super- visory districts; Trustees; Union free school districts. 398 NEW YORK STATE EDUCATION DEPARTMENT Domestic science, see Home making, schools of. Dover, assessment for school purposes of certain state lands in, 101. Duplicate department of state library, 212-13. exchanges, 213. loans of books from, 217. Education, boards of, see Boards of education. Education Department, 6-8. building, 8. under direction of regents and com- missioner of education, 6. divisions of department, 7. public records and history, 317. management and supervision of public schools and educational work of state, 6. reports to the legislature, 7-8. seal, 7. Education fund, 259, 292-93. Educational institutions incorporation, 13, 302. liquidation, 14-lo. penalties for detention of property, 216-17. penalties for injuries to property, 216. See also Gifts. Election day, 113. Employees of Education Department appointment, 7. removals and suspension, 7. Employees, state, salaries payable twice each month, 292. Employment certificates, 279, 285-87. Employment of children, unlawful, 133-34, 279-91. in factories, 279-83. in mercantile establishments, 283- 89. in street trades, 289-91. Employment of teachers, see Teachers. Endorsement of teachers' certificates and diplomas, 121-22. Entomologist, state, member of muse- um staff, 12. Enumeration, see Census. Evening schools, 71. certificate, 135-36. required attendance, 132. Examinations academic, 11. Cornell University scholarships, 185. dental, 349. for extension work, 11. fraud in, 19. law, practice of, 320, 326-27. medical, 336-38. nurses, 379-80. optometry, 381-82. pharmacy, 367-69. physiology and hygiene, 144. public accountants, 385. regents, law authorizing, 11. shorthand reporters, 386. state certificate, 12'1. teachers, regulations governing, 121. unlawful acts in respect to, 19-20. use of school buildings for, 104. veterinary medical, 357-59. See also Teachers' certificates. Exemptions from taxation, 259-62. for building schoolhouse, 95. Expenditures of school moneys estimates of, 74-75. limitation upon, 72. vote on, 108. to be by ballot, 46. Extension of business by institutions, restrictions, 14. Extension of educational facilities, 5, 11-12. Factories, employment in, 279-83. False personation in examinations, 19. Fees for admission to examinations, 11. collector's, 97. libraries, assistance to, 218. supervisor and town clerk in cases of district alteration, 32-33. supervisors, 293-94. J town clerk, 53. INDEX TO EDUCATION LAW 1910 800 Financial provisions, state finance law, 292-93. Fines, 158-62. apportionment, 158. compulsory education law, violation of, 133, 134. for detention of property, 216-17. disposition of, 158. in case of joint district, 159. examinations, violation of law re- • lating to, 19-20. fire drills, neglect of, 147. Indian children, persons employing unlawfully, 168. for injuries to library or museum property, 216. notice of district meetings, failure to serve, 42. payments on, 116. report and payment, 158-59. teachers, unqualified, payment of, 122. voters, for false declaration or un- authorized vote, 43. votes, failure to record, 64. See also Penalties. Fire drills, 146-47. Fire escapes, 103-4. Flag, display on school grounds, 145- 46. Forest, fish and game law, extract from, 316. Forestry, state college of, at Syra- cuse University, 198-200. Forms, preparation of, 25. Fraud in obtaining credentials, 18. Fredonia normal school, practice de- partments in, 155. Free public libraries, see Public li- braries. F'ree tuition, sec Tuition. Fuel, district to furnish, 44. Funds, educational, 259, 292-93. See also Public library money; School libraries; School moneys. Furniture, schoolhouses, 44, 69, 70, 89. General business law. extract from, 385-87. General construction law, extract from, 274. General corporation law, extract from, 304-6. General municipal law, extracts from, 296-301, 315. Geologist, state, member of museum staff, 12. Gifts authorized, 307-9. boards of education, powers, 69. to corporations, 306-14. libraries, 214. conditional acceptance of, 214- 15. to the state of obligations of an- other state, 292. See also Bequests; Trusts. Globes district to vote tax for, 44. loans, 11. Gospel and school lots, 118-20. payment of proceeds of sale, 80. report of supervisor regarding, 119. supervisors' duties, 79. Gospel funds, apportionment, 119. Grants, see Bequests ; School moneys. j High schools, 5. fligher education defined, 5. Historian, state, 316-18. Historical association, incorporation, 13. Holidays, 274. schools not to be in session on, 113. Home making, schools of, 126-30. authority of board of education over, 128. estimates and appropriations. 129- 30. state aid for, 128-29. supervision by commissioner of ed- ucation, 24. training of teachers, 130. Hours of labor of minors, 283-84. Income from trust fund, accumula- tion of, 311-14. Incorporation, see Charters. 400 NEW YORK STATE EDUCATIOISr DEPARTMENT Indebtedness, see Bonded indebted- ness. Independence day, 274. Indian collection, 12. Indian law, extract from, 315-16, Indian reservation, apportionment for teachers. 111. Indian schools, 165-70. teachers, 167. Indians compulsory education, 167. education in normal schools, 156. Indorsement of teachers' certificates and diplomas, 121-22. Industrial and trade schools, 126-30. application of moneys, 129. estimates and appropriations for, 129-30. state aid for, 128-29. supervision by commissioner of ed- ucation, 24. Industrial training in truant schools, 138. Injuries to property, penalties, 216. Insanity law, extract from, 314-15. Inspection of common school, by boards of ed- ucation, 71. by commissioner of education, 26. by district superintendent, 88. deaf and blind, institutions for, 170^71. industrial and trade schools, 24-25. of institutions, authority for, 24. libraries, 215. training classes, by district super- intendent, 89. university institutions, 13. Inspectors of election, 64. common school districts, 48. Institutions in university, 12. Insurance normal schools, 155-56, school library, 57, 69. schoolhouses, 46, 57, 69. Joint districts, see Districts. Judge, see County judge. Judgments taxes for payments of, 57. for teachers' wages, how satisfied, 45. Judiciary law, extract from, 319-24. Kindergartens, 71. Labor day, 274. Labor law, extracts from, 279-91. Lands, state, tax on, 263-64. Lantern slides, loans, 11. Law examiners, rules, 331-33. Law, practice of, 319-33. Laws repealed, 236-57. Lecturers, extension, regents may designate, 11. Legislature, members may borrow from state library, 212. Libraries, 211-20, 314-15. abolition, 218-19, branch, 214, charters, 13, 216, county, 214, establishment, 214, 315. gifts to, conditional acceptance of, 214-15. inspection, 215. museum collections, 215. neglect, 217. penalties, for detention of books, 216-17. penalties, for injuries to property, 216. property, 214. subject to return to state, 218, reports, 213, 216. state hospitals, 314-15. subsidies, 215. taxes, 214, 215, transfer, 217. transfers of books to state library, 213. traveling, 217. trustees, 215-16. regents may remove, 217. Bee also Public libraries; School libraries; State library. INDEX TO EDUCATION LAW 1910 401 Library commission, 218. Library fund, 215. Library school, authority for, 218. Licenses, protection against fraud, 18. See also Teachers' certificates. Lincoln's birthday, 113, 274. observance in public schools, 146. Liquidation of edaieational institu- tions, 14-15. Liquors sold near schoolhouses, 294- 95. Loans for extension work, 11. from state library, 212, 213, 217. i Manual training schools not entitled to share in grants for industrial schools, 129. Manuscripts on file, part of state library, 212. removal from state library, 212. transfer to state library, 213. Maps district to vote tax for, 44. loans, 11. transfer to state library, 213. Mechanic arts, schools of, 126-30. authority of board of education over, 128. estimates and appropriations, 129- 30. state aid for, 128-2&. supervision by commissioner of ed- ucation, 24. training of teachers, 130. Medical inspection of school children, 71. Medical library, 212. Medicine, practice of, 11, 334-45. Meetings, see School meetings. Membership corporation law, extract from, 303. Memorial day, 146, 274. Mercantile establishments, employ- ment in, 283-89. Messengers, hours of labor, 284. Military drill excluded from public schools, 146. Moneys, see Library fund; Public li- brary money; School moneys. Morrisville, state school of agri- culture at, 196-98. Mortgage, sale of site to be taken as security for, 106. Municipal bonds, maximum rate of interest, 300-1. Municipal corporations may establish libraries, 214. See also Cities. Museums, 213-14. collections, 215. incorporation, 13. municipal corporation may estab- lish, 315. penalties, for detention of property, 216-17. for injuries to property, 216. reports, 216. See also State museum. Names, use of name college or uni- versity, 18. Names of institutions, change of, 14. Natural history, extra copies, 212-13. Negroes, schools for, 165. Neighborhoods, school, see School neighborhoods. New York city, payment of school moneys to, 115. New York State College of Agricul- ture, 188-90. New York State Normal College, con- trol of, 157. New York State School for the Blind, 176-81. New York State Veterinary College, 187-88. Newsboys, permit and badge for, 289-91. Night schools, 71. required attendance, 132. Nonresident pupils, apportionment for tuition, 114. tuition, 70, 114, 124. Normal schools, 152-58. admission requirements, 154-55. courses of studv, 154. 402 NEW YORK STATE EDUCATION DEPARTMENT Normal schools {continued) diploma, 154. commissioner of education may annul, 25. endorsement, 12*2. qualifies for teaching, 121. grants and bequests, 156. Indian youth in, 156. insurance, 155-56. local boards, 153, 154. defaulting, 154. physiology and hygiene, instruction in, 144. policemen, special, 155. principal, duties relating to physi- ology law^ 145. secretary, salary, 153. supervision by commissioner of ed- ucation, 25. teachers, 154. treasurer's bond, 153. salary, 153. Nurses, registration, 11, 379-80. Oaths commissioner of education may administer, 25. district superintendents may ad- minister, 90. Observatories, trusts for, 308, 310. Officer of institution, ineligible as re- gent, 9. Officers of Education Department appointment, 7. removals and suspensions, 7. Officers of university, 9-10. Officers, see also School officers. Onondaga nation, wampum keeper. 315. Optometry, practice of, 11, 380-85. Organization tax, 303-4. Orphan schools, 164-65. apportionment to. 111. Osteopathy, license to practice, 338. Paid help from state library, 218. Paleontologist, state, member of mu- seum staff, 12. Papers, see Manuscripts. Parental relation defined. 5. Patriotic exercises, 146, Penal provisions relating to schools and school officers, 276^79. Penalties children, unlawful employment, 134. commissioner of education, regents or other school officer, falsely claiming to represent, 159. compulsory education law, viola- tion of, 133, 134. dental law, violations of, 353-55. fire drills, neglect of, 147. forfeiture of, for neglect to sue for, 160. fraudulent credentials, 18-19. Indian children, failure to send to school, 168. for injuries to property, 21'6. medical law, violations of, 344—45. notice of school meetings, failure to serve, 42. pharmacy law, violations of, 375- 77. school officers, refusal to make re- port, 41. refusal to serve or perform duty, 49. subpoena, disobedience of, 90. suits for, 160, 161. supervisors' refusal to give bond, 81. teachers, failure to complete con- tract, 123. unqualified, payment of, 122. teachers' institutes, failure to at- tend or close schools, 150. textbooks, law concerning, 142. trustee, failure to account, 60. veterinary medical law, violations of, 362. voters, false declaration or unau- thorized vote, 43. See also Fines. Pensions, teachers, 200-10. Personal property, bequests other than money or securities ex- empt, 314. law, extracts from, 307-9, 311-12. Petitions to commissioner of educa- tion, 162-64. INDEX TO EDUCATION LAW 1910 403 Pharmacy, practice of, 11, 363-78, Photographs, see Pictures. Physiology and hygiene, 142-45. examinations in, 144, instruction of pupils in. 57, 69. Pictorial or graphic representations, 25-20. Pictures apportionment for, 113. loans, 11. Pipe line companies, apportioning valuation, 270. Poll-list in common school districts. 48. President of college, ineligible as re- gent, 9. Principals of schools fire drills, to maintain, 146. ineligible as regent, 9. Professional schools, 5. Professions, practice of, 11, 319-87. Professorships, trusts for, 30S, 310. Property of abandoned district library, 220. corporations, 304. extinct, 14. library, control by regents, 217. of transferred library, 217, 219- 20. subject to return to state, 218. penalties for injuries to, 216. school district, consolidated, 32. to be held in trust for commrCATIO:N^ DEPARTMEXT School commissioners (continued) trustee, may fill vacancies in office of, 60. not eligible as, 47. See also District superintendent of schools. School directors compensation, 84. district superintendents, election of, 84-85. filling vacancy in office, 87. election, 84. oath, 84. term of office, 84. vacancies in office, 84. how filled, 84. School districts, see Districts. School libraries abandoned, 220. apportionment of moneys to, 113- 14. may be withheld, 220. authority to raise and receive money for, 219. district superintendent to advise trustees regarding purchase of books, 89. establishment, 214. existing law and rules continued in force, 219. insurance, 57, 69. librarian, 70, 219. property, transfer to free public library, 220. public libraries formed from, 217, 219, 220. reports, 219. tax for establishment of, 45, 219. trustee may not be librarian, 47. use and care, 219. School meetings, 39-46. acts may be appealed from, 163. annual, of boards of education, 66. of districts re-formed after dis- solution, 41. notice of, 40. time and place of, 40. in dissolved district, 31. duty to attend, 42. first, notice of, 39. School meetings {continued) joint district, special meeting to act regarding dissolution, 30. neighborhood meetings, 38. notice, effect on proceedings if due notice not given, 42. penalty for failure to serve, 42. school houses, designation of site, 106. to consider erection of, 104-5. sale of, 106. special meeting, call by school com- missioner, 42. in common school districts, 41. in union free school district, 42. to transact business of annual meeting, 41. taxes, power to vote, 108-9. textbooks, to designate, 141. union school districts, establish- ment, 33. dissolution and reorganization, 35. establishment, proceedings of, 34-35. voters, qualifications, 42-43. See also Boards of education. School moneys, 110-17. apportionment, certificate of, 116- 16. certifying and paying, manner of, 115. to cities, academies, academic de- partments and libraries, 113. by commissioner of education, 111-15. conditions for cities and dis- tricts, 112-13. county treasurer to forward cer- tificates relating to, to Educa- tion Department, 27. errors corrected by commissioner of education, 112. for industrial and trade schools, 128-29. by school commissioners, 32, 116-17. to union school districts and cities, 117. when payable, 116. INDKX TO EDUCATIOX T.AW 1910 407 School moneys (continued) apportionment (continued) ■withheld for failure to comply with physiology law, 144. l>oards of education may borrow, 70. reports on, 74. comptroller may withhold payment of, 117. custody of, 51-52, 54. deposit, custody and payment in cities and villages, 72. disbursement by supervisors, 78-80. how made, 52. of dissolve